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8 | Explanatory Note
This explanation is also available in English on the internet. Look at www.belastingdienst.nl. Diese Anleitung steht im Internet auch in deutscher Sprache zur Verfgung. Siehe hierzu www.belastingdienst.nl.
Did you migrate to or from The Netherlands in 2008? If so, this has consequences for your tax. By means of your M income tax return, we will determine whether you have to pay tax or will receive a tax refund. Take note! When processing the tax return for 2008, we pay extra attention to the deductible item donations.
12345
8
Overview of income and deductible items
Box 1
Profit Wages Tips and other income Pension and benefits Foreign present income
question 10m en 18m question 19a en 20a question 19d en 20d question 21a en 22a question 24a en 25a
Public transport question 28c en 29c commuting allowance Deduction due to no or question 36s en 37t little owner-occupied home debt Expenses for the provision question 46g en 47g of income Add Deductible items
+
B
Foreign previous income question 26a en 27a Income from other activities Provided assets question 30c en 31c question 32c en 33c
Alimony and suchlike Maintenance of children < 30 years of age Weekend visit of a seriously disabled person Medical expenses/ extraordinary expenses Study costs/ educational expenses Costs for a registered or listed building Waived venture capital
question 60a en 61a question 62a en 63a question 64a en 65a question 66a en 67a question 68a en 69a question 70a en 71a question 72a en 73a
Alimony or related question 38c en 39c redemption payments Periodical benefits or question 40f en 41f related redemption payments Other income question 42c en 43c Negative personal allowance Refunded premiums. and suchlike Add question 44a en 45a question 48c en 49c
+ + /
A
Donations
Balance for an owner- question 36p/q en 37q/r occupied home Add, but if the balance for an owner-occupied home is negative, deduct Income Box 1
Remainder of the personal question 76a en 77a allowance from previous years Add Personal allowance
+
C
Total income Reproduce from A Debuctible items Reproduce from B Exempt income question 91a
+
D
Add
Deduct Personal allowances Reproduce from C Deduct Income from labour and property Offsettable losses Deduct Taxable income from labour and property Reproduce the amounts from the tax return
F E
Box 2
Gains from a substantial interest Exempt income
Box 3
Deduct Personal allowance insofar as it has not been deducted in box 1 and box 3 Deduct Taxable income from a substantial interest Offsettable losses Deduct Income from a substantial interest
Gains from savings and investments question 55k en 58k Personal allowance insofar as it has not been deducted in box 1 Deduct Taxable income from savings and investments
Threshold income
Did you have any medical expenses or other extraordinary expenses or donations? In that case, you need to calculate a threshold amount. This is the non-deductible part of the expenses. The threshold amount depends on your threshold income and possibly that of your (tax) partner. In your tax return, do you opt for resident taxpayer status for your period abroad in 2008? In that case, your threshold income is the total of your income and deductible items in the three boxes, but without your personal allowances and offsettable losses from previous years. The personal allowances are mentioned separately in the overview. That way, it is easier for you to determine your threshold income. For each deductible item with a threshold, you can calculate the threshold amount and the deductible amount using the overview and a calculation tool.
Take note!
Do you not opt for resident taxpayer status for the period abroad in 2008? In that case, you need to determine your threshold income by completing the overview - as far as the period abroad is concerned as if you had opted for resident taxpayer status. In this case, you should take your Dutch and your foreign income, deductible items and assets into account.
Take note!
If you received exempted income as an official with an international organisation in 2008, you must add the exempted income from question 23 to the threshold income.
Aggregate income
For the elderly persons tax credit, your aggregate income may not exceed a certain amount. The aggregate income is the total of your income and deductible items in the three boxes, but without your offsettable losses from previous years. For the question about the elderly persons tax credit, you can calculate the aggregate income using the overview and a calculation tool.
Take note!
If you do not opt for resident taxpayer status for the period abroad in 2008, you need to determine your aggregate income by completing the overview - as far as the period abroad is concerned - as if you had opted for resident taxpayer status. In this case, you should take your Dutch and your foreign income, deductible items and assets into account.
Take note!
If you received exempted income as an official with an international organisation in 2008, you must add the exempted income from question 23 to the aggregate income.
income-related contribution has already been withheld from your wages or benefits. No tax credits apply to the assessment for the Health and Care Insurance Act. They do apply to the assessment for income tax and premiums for the national insurance schemes.
Example 2
As in example 1, but now you do have a tax partner. Your tax partner has an income of 8,000. The tax on this amounts to 2,688. The general tax credit is 2,074 and the employed persons tax credit is 141. In total 2,215. Your tax partners payable tax is 2,688 minus 2,215 = 473. Your tax credit is 2,145 (see example 1). Of this, 1,344 is offset against your payable tax. An amount of 801 remains. Because you had a tax partner, a maximum of what your tax partner owes, is refunded to you. In this example, that amounts to 473.
Tax credits
We take tax credits into account when determining the amount you need to pay or will be refunded. These are reliefs on the payable income tax and premiums for national insurances. As a result, you pay less tax. The entitlement to certain tax credits depends on your personal circumstances. Your entitlement to tax credits is also influenced by whether or not you opt for resident taxpayer status for the period abroad. All taxpayers are entitled to the general tax credit. If you are working, you are also eligible for the employed persons tax credit. And do you have children? In that case, you may be eligible for the tax credit for parental leave. Were you employed or were you receiving benefits? In such cases, your employer or benefits agency has already taken the following credits into account: general tax credit employed persons tax credit (single) elderly persons tax credit life savings credit usually, young disabled persons tax credit As a result, you have already paid less payroll tax on your wages or benefits. You can apply for some credits. You can do this with the income tax return for the year 2008. You can find more information in the explanations for questions 78 through to and including 83.
Example 3
As in example 2, only your tax partner has an income of 50,000. The tax on this amounts to 19,501. The general tax credit is 2,074 and the employed persons tax credit is 1,443. Total 3,517. Your tax partners payable tax is 19,501 minus 3,517 = 15,984. Your tax credit is 2,145 (see example 1). Of this, 1,344 is offset against your payable tax. An amount of 801 remains. Because your tax partner owes more tax than 801, an amount of 801 is refunded to you. We calculate the amount to be refunded on the basis of your tax return and your tax partners information. You will receive notice about this. You can find more information in the explanations for questions 78 and 79. You can find more information about tax partnership in the explanation for question 2.
Take note!
You must have had the same tax partner for more than six months in 2008. Otherwise, you are not eligible for a tax credit refund. It is irrelevant whether or not you opted to be considered as tax partners during the whole of 2008, (see Conditions for tax partnership if you were single and living together on page 13). If you were unable to meet this condition because your tax partner died, we only check the condition that your tax partner owes sufficient tax. Were you unable to meet the six-month condition for another reason? In that case, we will not refund the tax credit.
Take note!
Were you younger than 30 years of age on 31st December 2007? And were you supported in large by your parents for more than six months in 2008? In that case, you are not eligible for a general tax credit refund. Support in large means a minimum of 400 per quarter.
Offsettable losses
Your income in box 1 or 2 may be negative in a certain fiscal year , for example because you suffered a company loss. In that case, this negative income is an offsettable loss. We automatically offset a loss in box 1 against positive income in one or more of the three preceding years. A loss in box 2 is automatically offset against positive income in the previous year. Do you still have an unsettled loss from previous years? In that case, we will take this into account when determining your final assessment for 2008.
Example 1
You have no tax partner. Your wages are 4,000. The tax on this amounts to 1,344. The general tax credit is 2,074 and the employed persons tax credit is 71. In total 2,145. You can offset a maximum of 1,344 for tax credit: the amount of calculated tax. The remainder of the tax credit, ( 801), cannot be offset. We will not refund this amount.
cONTeNTs
OvervIew Of INcOme aND DeDucTIble ITems fIlINg The Tax reTurN 1 2 Living abroad during part of 2008 If you had a tax partner or not Profits from a company Only for the period in which you lived in The Netherlands 1 6 8 13 37 Owner-occupied home Only for the period in which you lived abroad 33 38, 39 Alimony received or related redemption payments 40, 41 Periodical benefits received or related redemption payments 42, 43 Other income 44, 45 Amount received for expenses that were deducted in a previous tax return 46, 47 Expenses for the provision of income 48, 49 Redeemed annuity or other negative expenses for the provision of income 50, 51 Income from a substantial interest 8 9 Profits from a company: co-entitled person in a company Profits from a company: entrepreneurs credit 18 52 Conservable income 18 20 53 Assets Only for the period in which you lived in The Netherlands 54 Debts Only for the period in which you lived in The Netherlands 55 Gains from savings and investments Only for the period in which you lived in The Netherlands 56 Assets For the period in which you lived abroad, or for the whole of 2008 57 Debts For the period you were living abroad, or for the whole of 2008 58 Gains from savings and investments For the period in which you were living abroad, or for the whole of 2008 59 Specification of savings and suchlike abroad 60, 61 Alimony or other paid maintenance obligations 26 27 28 62, 63 Maintenance expenses for children younger than 30 years of age 64, 65 Expenses for weekend visits of seriously disabled persons 57 46 45 38 36 Owner-occupied home Only for the period in which you lived in The Netherlands 29
3-10
15 15
38 39
3 4
Profits from a company:exempt profit components Profits from a company: non-deductible or partially deductible costs and expenses Profits from a company: profits from the marine industry Profits from a company:investment schemes Profits from a company: changes in acceptable reserves
15 16 16 18
40 41
5 6 7
43 43
10 Profits from a company: taxable profit 11-18 Profits from a company Only for the period in which you lived in abroad 19, 20 Wages or sickness benefit from The Netherlands 21, 22 Old-age pension, pension, annuity or other benefit from The Netherlands 23 Exempted income as an official with an international organisation 24, 25 Foreign income from present employment 26, 27 Foreign income from previous employment 28, 29 If you commuted by public transport 30, 31 Extra income or income as a freelancer, home help, artist or professional athlete 32, 33 Provided assets 34, 35 Freelance income, extra income or provided assets
20 21
49
50
22
51
23 24 24 25
55
55 56 57
58
cONTeNTs
66, 67 Medical expenses or other extraordinary expenses 68, 69 Study costs or other educational expenses 70, 71 Costs for a registered or listed building in The Netherlands 72, 73 Waived venture capital 74, 75 Donations 76,77 Remainder of the personal allowance for previous years 78 General tax credit refund 79 Special increase of tax credit 80 Parental tax credits 81 65 years of age or older 82 Young disabled persons tax credit 83 Tax credit for social investments or direct investments in venture capital 84 Trust fund 85, 86 Dutch dividend, taxable income from lottery and betting or interest on certain foreign savings balances 87, 88 Income on which review interest is owed 89 Relief for the prevention of double tax 90 Income on which no Dutch tax may be levied 91 Dutch income on which no Dutch income tax may be levied 92 Compulsory insurance for national insurance schemes 93 Compulsory insurance: income 94 Compulsory insurance: deductible items 95 Compulsory insurance: premium income 96 Correction or reduction of your premium income 97 Income that was subject to the Health and Care Insurance Act 60 68 calculaTINg Tax calculaTION TOOl TO DeTermINe The INcOmecONTrIbuTION TOwarDs The healTh aND care INsuraNNce acT (Zvw) 85 94 69 69 70 72 72 73 74 75 75
76 76
76 77 78 78 80 80 81
82 82 82
83
Take note!
You cannot use the tax return program on the Internet.
Decease
If you are taking care of a tax return for someone who was living abroad and died, we are often not informed about this. In order to prevent any further inconvenience for the surviving relatives, we request you to inform us about this. You can inform us about the death in writing. We request you: not to enclose this message with the tax return to state the deceased persons Personal Public Service Number / Sofi number to state a (postal) address, used by the heirs to enclose a copy of the death certificate Please send the notice of death to: Belastingdienst Limburg/kantoor Buitenland Afdeling S&S Postbus 2865 6401 DJ HEERLEN
Rate of exchange
If you need to convert an amount to Euros when completing the tax return, take the exchange rate that applied on the date of the relevant income and expenses. Therefore, do not use the rate of exchange on the date you fill out the tax return. When calculating your income, take the Dutch tax rules into account. In case of doubt, call the Foreign Revenue Phone Line: +31 55 538 53 85.
Assessment
If we have received your tax return before 1st April 2009, you will receive notice about what you need to pay or will be refunded before 1st July 2009. Usually, you will first receive a provisional tax assessment for income tax and premiums for the national insurance schemes for 2008. Subsequently, you will receive a final assessment for 2008. We base our assessment of your payable tax and premiums for 2009 on your tax return. In that case, a provisional assessment for 2009 will be imposed.
Take note!
If onbekend (unknown) is mentioned and you have not entered a bank account number, the refund will suffer a delay. Only mention the bank account number in the section Uw rekeningnummer voor teruggaaf .
Foster child
Wherever the return or the explanation speaks of child or housemate, you can also read foster child.
Ordering code
2144 2145
Privacy
We register the information you enter into the tax return. We treat your information confidentially and never provide third parties with information without a reason. We are, however, obliged to exchange information with some government bodies and comparable institutions.
If you lived in The Netherlands but worked in Germany in 2008 If you are eligible for a relief to prevent double tax in 2008
Questions?
If you have any questions, please call the Revenue Phone Line: 0800 543 if you live in The Netherlands. Are you living abroad? In that case, please call the Foreign Revenue Phone Line: +31 55 538 53 85. On working days from Monday to Thursday from 8.00 a.m. to 8.00 p.m. and on Friday from 8.00 a.m. to 5.00 p.m.
Changes in 2008
As from 1st January 2008, a number of changes have been incorporated in the income tax.
Bank saving
As from 1st January 2008, you can save with a special blocked savings or investment account for the instalment of your owner-occupied home debt. In that case, you do not pay tax on the savings. You are not required to state these as assets in box 3: savings and investments. The conditions for the owner-occupied home savings account and the owner-occupied home investment account are almost equal to the conditions for an owner-occupied home capital insurance scheme.
Supplementary explanation
You can find more information on specific topics in the supplementary explanations. You can obtain these by: downloading them from www.belastingdienst.nl requesting them from the Revenue Phone Line: 0800 0543 or the Foreign Revenue Phone Line: +31 55 538 53 85. Mention the ordering code of the supplementary explanation you require. The Revenue Phone Line or the Foreign Revenue Phone Line will send the supplementary explanation to you as soon as possible. In the following overview you will find the supplementary explanations with their ordering codes
Ordering code
2203 2204 2205 2206 2207 2208 2209 2210 2211 2212 2213
If you received profits from a company in 2008 If you had extra earnings or received income as a freelancer, home help, artist or professional athlete in 2008 If you or your tax partner sold an owner-occupied home or had an owner-occupied home reserve in 2008 If you or your tax partner had an owner-occupied home in 2008 If you paid amounts for the provision of income that can be deducted in 2008 If you or your tax partner had a substantial interest in 2008 If you, your tax partner or underage children had property in 2008 If you or your tax partner had medical expenses or other extraordinary expenses in 2008 If you or your tax partner had study costs or other educational expenses in 2008 If you or your tax partner had costs regarding a registered or listed building in 2008 If, in 2008, you were entitled to the tax credit for social investments or direct investments in venture capital and cultural investments If you had conservable income in 2008 If you lived in The Netherlands but worked in Belgium in 2008
2214 2143
were employed in The Netherlands were self-employed in The Netherlands For more information, see the explanation for question 92. If your income was subject to Dutch payroll tax, you may be liable to premium payments for the AOW, the Anw and the AWBZ. Your pay slip or benefit slip states for which insurance scheme you were liable to pay premiums. If you were 65 years of age or older, you were no longer liable to pay AOW contributions.
Did you live abroad during part of 2008? If so, you have the possibility to opt for resident taxpayer status with respect to the period abroad. In that case, you need to file a tax return for the period abroad in 2008 for both your income and deductible items from The Netherlands and your income and deductible items abroad. You will also be entitled to the tax portion of your tax credits.
Take note!
If you were voluntarily insured by the national insurance schemes, you are not liable for national insurance contributions.
If you were employed by the Dutch government in 2008 and were posted abroad, you may also be regarded as a resident taxpayer in the period abroad in 2008. This, for example, is the case if you were seconded as a member of the military or as a member of a diplomatic mission. For that situation, you will require a different tax return form. Call the Revenue Phone Line: 0800 - 0543 or the Foreign Revenue Phone Line: +31 55 538 53 85.
For Had u in 2008 in de periode dat u in het buitenland woonde inkomsten uit Nederland of bezittingen in Nederland?
You were liable for Dutch tax in the period abroad in 2008 if you had income from or assets in The Netherlands. This concerns situations, for example, in which you: received wages, a pension or benefit in connection with work carried out in The Netherlands had profits from a company in The Netherlands received income from other activities in The Netherlands received income from a substantial Dutch interest had (entitlements to) one or more immovable assets in The Netherlands or had rights to shares in the profits of a Dutch company
For question 1a
Enter the country code of the country in which you lived in the period abroad in 2008. This code always consists of three letters. See the table below. If your country is not mentioned in the table, enter XXX as country code. It could be that you resided in more than one country in 2008. In such a situation, state each country in which you were residing together with the country code and the period for which you were living in each of these countries.
For question 1b
Enter the country code for your nationality. See the table below. If your country is not mentioned in the table, enter NLD as country code for The Netherlands and XXX for other countries.
You had no income from or assets in The Netherlands in the period abroad in 2008
If you were not liable for Dutch tax in the period abroad in 2008, you may still opt for resident taxpayer status (Dutch resident) for that period. In some situations, it may be advantageous to opt for resident taxpayer status, although you did not have any income from The Netherlands. See the explanation for the question Kiest u voor de periode dat u in 2008 in het buitenland woonde voor behandeling als binnenlandse belastingplichtige? on page 9. If you wish to opt for resident taxpayer status, tick Ja for the question Had u in 2008 in de periode dat u in het buitenland woonde inkomsten uit Nederland of bezittingen in Nederland?
For question 1c
For Was u in 2008 in Nederland verplicht verzekerd voor de volksverzekeringen (AOW, Anw en AWBZ)? During the period abroad in 2008, you were compulsorily insured by, and liable for premium payments for, amongst others, the Dutch national insurance schemes (AOW, Anw and AWBZ) if you: received income subject to Dutch payroll tax
For Kiest u voor de periode dat u in 2008 in het buitenland woonde voor behandeling als binnenlandse belastingplichtige?
For the period abroad in 2008, you can opt for resident taxpayer status (Dutch resident).
Advantages
Like residents of The Netherlands, you are entitled to a number of favourable schemes within the Dutch tax system. Amongst other things, this means that: you are entitled to the personal allowance you may utilize the tax-free allowance when calculating your income from savings and investments you are entitled to the tax portion of your tax credits the partner with little or no income can receive a refund for tax credits you and your spouse or housemate can be considered as each others tax partner. In that case, you may apportion certain incomes and deductible items together
Disadvantage
For example: The Dutch tax rate may be higher than the rate that would apply if you did not opt for resident taxpayer status.
Take note!
Were you residing in Belgium, Surinam, The Netherlands Antilles or Aruba? And, as a German resident, were you subject to the 90% ruling? In that case, different rules apply to the period abroad. You can read more about this below.
Use the calculation tool on page 12 to determine whether the 90% ruling applies to you. If you are subject to this ruling, you are entitled to the following allowances for the period you were living in Germany: For the calculation of your income tax you are entitled to a limited personal allowance For the calculation of the premium for the national insurance schemes, you may apply the full personal allowance When calculating your gains from savings and investments you are entitled to the tax-free allowance Your spouse is entitled to a refund of (part of) the tax credits if he has no or little income If you are married, you can apportion the joint income and deductions between you and your spouse You are not entitled to the tax portion of: the tax credits for social investments and for direct investments in venture capital and cultural investments the life savings credit the young disabled persons tax credit
Take note!
As a German resident, were you subject to the 90% ruling and did you not opt for resident taxpayer status? In that case, only your spouse can be your tax partner.
10
Dutch taxable income for the period abroad in 2008 a Profit from a company See the explanation for question 11-18. Place a minus sign before a negative amount b Income from present employment See the explantion for questions 20a, 20d en 25 c Income from previous employment See the explanation for questions 22 en 27 d Income from other activities See the explanation for question 31. Place a minus sign before a negative amount e Income from providing assets See the explanation for question 33. Place a minus signs before a negative amount f The owner-occupied property that was your principal residence See the explanation for question 37. Place a minus sign before a negative amount g Alimony See the explanation for question 39 h Periodical benefits and suchlike See the explanation for question 41 i Interest and other income received in 2008 for the period before 1st January 2001 See the explanation for question 43 j Gains from a substantial interest See the explanation for question 51. Place a minus sign before a negative amount k Gains from savings and investments without deduction of the tax-free allowance Reproduce from D in the calculation below. See the explanation for question 58 Add l Public transport commuting allowance. See the explanation for question 29
Deduct m Deduction due to no or little owner-occupied home debt. See the explanation for question 37t Deduct n Divide A by A and B together Multiplier Calculation of gains from savings and investments (without deduction of the tax-free allowance) Average yield base in box 3
C A
4% x Calculate 4% of C Gains from savings and investments (without deduction of the tax-free allowance) Enter above for K
D
4% x
D
11
Take note!
You are only eligible for the 90% ruling if in the period abroad in 2008 you had income from (present or previous) employment that was subject to Dutch tax.
Income from The Netherlands in the period abroad in 2008 a Profit from a company See the explanation for question 11-18. Place a minus sign before a negative amount b Income from present employment See the explanation for questions 20a, 20d and 25 c Income from previous employment See the explanation for questions 22 and 27 d Income from other activities See the explanation for question 31. Place a minus sign before a negative amount e Income from providing See the explanation for question 33 Place a minus sign before a negative amount f The owner-occupied property that was your principal residence See the explanation for question 37. Place a minus sign before a negative amountis g Alimony See the explanation for question 39 h Periodical benefits and suchlike See the explanation for question 41 i j Other income received in 2008 See the explanation for question 43 Negative personal allowance See the explanation for question 45
Income from The Netherlands and abroad together in the period abroad in 2008
k Refunded premiums and suchlike See the explanation for question 49 l Gains from a substantial interest See the explanation for question 51. Place a minus sign before a negative amount m Gains from a substantial interest See the explanation for question 58
Add n Public transport See the explanation for question 29 Deduct o Deduction due to no or little owner-occupied home debt See the explanation for question 37t Deduct
A B
90% x p Calculate: 90% of B Is the amount for A equal to or more than C? And were you living in Germany? In that case, you can request the 90% ruling for German residents to be applied. If you would like this ruling to be appleid, tick the box in question 1c of your tax return
C
12
If your partner is not filing a tax return himself, he can opt for resident taxpayer status by signing your tax return.
If you were married or living together, it may be difficult to determine for some of the joint income and deductible items what part should be stated by you, and what part by your tax partner. You need not sort this out if you were tax partners. In that case, you can apportion the joint income and deductible items between yourself and your tax partner. A condition is that you are considered each others tax partner throughout 2008. This is possible if both of you opt for resident taxpayer status in the period abroad. Do you not opt for resident taxpayer status? But do you have a tax partner in the entire domestic period? In that case, you can apportion certain income and deductible items between yourselves solely for the period of your residency in The Netherlands.
Conditions for tax partnership if you were living together without being married
In certain conditions, you and your housemate can opt to be regarded as tax partners if you were living together. You are considered as living together if you are running a joint household together with your housemate. This means that you and your housemate together take care of accommodation and food. It is also possible for you to be living together whilst still being married to someone else. This is the case if you are permanently separated and living apart from your spouse and are running a joint household together with another married or single person. You can opt for tax partnership together with your housemate if you meet all the following conditions: Both you and your housemate were living together continuously in 2008 for more than six months, and were running a joint household You and your housemate were 18 years or older during that time During that period, you were registered with the city council continuously as living at the same address as your housemate Were you living together with your child, your father or your mother in 2008? In that case, the condition applies that you were both 27 years of age or older on 31st December 2007
For question 2a
If you were married in the 2008 domestic period, you and your spouse automatically qualified as tax partners (unless you were permanently separated and living apart). The same applies to your period abroad, if you opted for resident taxpayer status. If you were unmarried and living together with a housemate, you may, under certain conditions, opt for tax partnership. A housemate could be anybody, for example, a (girl-)friend, a brother or sister, a son or daughter. Decide whether you had a tax partner by using the diagram in question 2a of the tax return, together with the conditions mentioned below. Have you and your tax partner opted for resident taxpayer status with respect to the period abroad? In that case, you can together opt to be considered tax partners during the whole year.
Registered partner
Were you and your housemate registered as partners in the register of births, deaths and marriages in 2008? In that case, identical rules apply to you and to married couples. If you have both made statements with the registrar of births, deaths and marriages, you are registered partners.
Take note!
A registered partnership does not mean a cohabitation contract you had drawn up by a civil-law notary. If you and your housemate are registered together at the same address in the municipal personal records database, you are not automatically registered as partners.
Permanently separated
If you were married, but were permanently separated and living apart, we consider you as unmarried during that period. You were permanently separated if you were no longer living as a family together with your spouse, and this was not meant to be a temporary situation. If your separation was a trial, the situation is considered to be temporary. If one of you has resolved not to resume cohabitation, you are considered to be living permanently separated.
For Kiezen u en uw echtgenoot of huisgenoot allebei voor de periode in 2008 dat u in het buitenland woonde voor behandeling als binnenlandse belastingplichtige?
You can only be each others tax partner for the whole of 2008 if both of you opt for resident taxpayer status with respect to the period abroad. If either one of you is residing in The Netherlands and the other opts for resident taxpayer status, you can also be each others tax partner.
13
opted for a tax partnership for 2007. Your request to be considered tax partners for the whole of 2008 should be done together with the representative of your deceased housemates heirs (in some cases this will be yourself).
14,000. The lowest tax rate of 33.60% applies to this. If you apportion the whole amount to yourself, the tax advantage is 52% of 5,000. If you apportioned the deductible item to your tax partner, the tax advantage would be 33.60% of 5,000.
For question 2b
Did you have a tax partner in the period in 2008 during which you lived in The Netherlands? And did you not opt for resident taxpayer status for your period abroad in 2008? In that case, you and your spouse or housemate may apportion certain income and deductions between yourselves with respect to the 2008 period during which you lived in The Netherlands. For the period abroad in 2008, you fill in the tax return for yourself. If you were unmarried, your tax partner must sign on the front page of your tax return.
For question 2c
Tax partnership is only possible if you both opt for resident taxpayer status for your period abroad in 2008. In some cases, you and your spouse or housemate can also benefit from a number of favourable schemes for tax partners if you did not opt for resident taxpayer status in the period abroad. In such cases, however, you must be residing in Belgium, Surinam, The Netherlands Antilles or Aruba, or as a resident of Germany, you must be eligible for the 90% ruling. In that case, you also need to meet the conditions for tax partnership.
You were living in Belgium, Surinam, the Netherlands Antilles or Aruba in 2008 and did not opt for resident taxpayer status
If you were married or your partnership was registered with the registry of births, deaths and marriages, you automatically meet the conditions (unless you were permanently separated and living apart). If you were single and living together, you have to meet the conditions for tax partnership and cohabitating without being married, see page 13. If you were residing in Belgium, the condition applies that you both had income in the 2008 period abroad that was subject to Dutch tax.
As a German resident, you were subject to the 90% ruling and you did not opt for resident taxpayer status
If you were married or your partnership was registered with the Registry of Births, Deaths and Marriages, you automatically meet the conditions. In that case, you could utilize a number of schemes for tax partners. You do not meet the conditions if you were single and living together without having your partnership registered with the registry of births, deaths and marriages. If you meet these conditions, you can utilize some of the schemes that apply to tax partners. In such a case, you can transfer the tax-exempt allowance in box 3 to the partner and you can make use of the increased tax credit for partners with little or no income (questions 78 and 79). In addition, you may apportion joint income and deductible items between yourselves. Enter your spouses or your housemates information in questions 2c through to and including 2f.
How to apportion?
Did you have a tax partner for the whole of 2008? In that case, you and your tax partner may apportion the joint income and deductible items in the tax return as you wish. Any apportionment is acceptable, as long as the total adds up to 100%. For each question about joint income and deductible items you may choose a new apportionment. The way in which you apportion the income and the deductible items can influence the taxes and premiums you pay or get refunded.
Take note!
As a German resident, were you subject to the 90% ruling and do you not opt for resident taxpayer status for the period abroad? In that case, only your spouse can be your tax partner. Enter your spouses information in questions 2c through to and including 2f.
Example
The balance of your and your tax partners income and deductible items for the owner-occupied home results in a deductible item of 5,000. Your gross annual salary is 60,000. In that case a large portion of your income from labour and property falls within the highest tax bracket of 52%. Your tax partners gross annual salary is
For question 2d
Personal public service number/sofi number of (tax) partner This is the number under which your tax partner is registered with us. This number is shown in various documents such as:
14
your tax return form and your (tax) partners income tax assessment notice the pay slip or annual income statement that the employer or benefit agency has issued to your (tax) partner our letter to your (tax) partner regarding the Personal Public Service Number/ sofi number your (tax) partners Dutch driving licence or passport It could be that your (tax) partner does not know his Personal Public Service Number/sofi number. In that case, you are not able to file your tax return together with your tax partner properly. Your tax partner needs to apply in writing for a Personal Public Service Number/sofi umber from the Tax Administration before your tax return can be processed. When doing so, your partner should enclose the following documents with the tax return: a copy of a valid proof of identity, stating your partners name, initials and date of birth if you are married: a copy of the marriage certificate if the marriage date and your partners personal information cant be derived from the identity papers proof of the residential address (including the country of residence), if this is not mentioned in the identity papers Your request for the Personal Public Service Number /sofi number should be sent in a separate envelope to: Belastingdienst Limburg/kantoor Buitenland Postbus 2865 6401 DJ HEERLEN
Question 3 includes a number of objective exemptions. These are exemptions for which certain profits or losses are not included in determining the taxable profit. When calculating the taxable profit, you should deduct the objective exemptions from the profit.
Agricultural exemption
Agricultural exemption applies to the positive or negative changes in value of agricultural land that were not caused by operational management or changes in zoning plans. The agricultural business may form part of a more comprehensive business.
For question 3b
Exemption for profit from remission of debt is an exemption for profits resulting from the fact that a creditor waives his entitlements to an amount that the company is owing. In principle, when a creditor waives a debt, this will yield profits for the debtor. On certain conditions, these profits are exempt. In such a case, the creditor has to abandon unrealizable entitlements. Of the profits resulting from the remission only the part is exempt that exceeds the offsettable losses from labour and property in the years up to and including 2007 and the losses from labour and property in 2008. Losses in the years following the year of the remission do not decrease the exempt amount.
For question 2e
Enter the country code of the country in which your tax partner was residing. This code always consists of three letters. Please refer to the table on page 8. If your country is not listed, you should enter XXX as your country code. For The Netherlands, use NLD.
For question 2f
Enter the period in 2008 in which you were married. If you got married during 2008 and you were living together with the same partner prior to your marriage, you may include the period in which you were living together. In that case, you must have met the requirements for tax partnerships for single persons in that period. See page 13.
3-10
If you were an entrepreneur or co-titleholder in a company, you had profits from a company. You were, for example, entitled as a silent partner in a limited partnership. If you met the conditions in 2008 as an entrepreneur, you can utilize special schemes, such as the entrepreneurs allowance and the investment credit.
Which business costs are you allowed to deduct from your revenues?
Only state your own profits from a company, do not state your partners or your childrens.
You may deduct your business costs from your revenues. For this deduction you need to take the following rules into consideration: You may deduct business costs completely. Business expenses are expenses which - within reasonable limits - are necessary for performing your business activities, for example professional literature Costs of a purely private nature may not be deducted. You may only deduct the business portion of costs that are both business and private.
15
A threshold applies to some costs Any reimbursements for expenses you received must be added to your revenues The following expenses, for example, are not deductible: expenditure on a working space in your home, including its furnishings and fittings, if you do not designate the house as for business purposes. However, you can deduct these expenses if all of the following conditions have been met: the working space forms an independent part of the property and is used intensively for the acquisition of income. Independent means that the space is clearly distinguishable by external features, such as its own access or entrance. Besides this, certain facilities in the working space may be of importance, such as sanitary facilities if you do not have working space elsewhere, you must earn a minimum of 30% of your total income from labour, such as profit, wages and extra income, in the working space. You should also earn a minimum of 70% of your total income from labour in or from the working space If you do have working space elsewhere, you must earn a minimum of 70% of your total income from labour in the working space telephone subscriptions for telephone connections in the living area costs relating to personal care clothing, with the exception of working clothes withheld income tax and premiums towards the national insurance schemes, premiums towards occupational disability insurance for self-employed persons and income-related contributions towards the Health and Care Insurance Act a compensation for your partners work if the amount is lower than 5,000. Is the compensation 5.000 or more? In that case, the whole amount is deductible expenditure on musical instruments, sound equipment, tools, computers, display equipment and similar equipment. This applies if these were part of your private assets or if you hired them privately costs for maintaining a certain standing (status expenses), such as the membership of a service club costs of vessels for representative purposes fines imposed by a Dutch criminal court and money for the prevention of criminal prosecution fines and penalties imposed with respect to the levy of taxes and premiums Examples of partially deductible expenses are: business removal expenses. You may only deduct the costs for moving household furniture to other living quarters. You may include a fixed amount of 5,445 cost of housing outside the city of residence during a maximum period of two years expenditure on private means of transport. You may deduct a fixed amount of 0.19 per kilometre travelled for business purposes. It does not matter what means of transport you used a contribution for private property (no means of transport) that you used for business purposes. This contribution is limited. Your maximum deduction is the amount of the gains from savings and investments which is taken into account for the assets. In doing so, you need not take the tax-free allowance into account a contribution for privately rented items (no means of transport) that you used for business purposes. The maximum you may deduct is a proportionate part of the rent and any other rental expenses.
For question 5a
You can request to use the tonnage ruling. This is a system whereby the profits are determined on the basis of a fixed rate during a period of ten years, or a multiple of 10 years. You need to submit this request during the first year in which your company generated profits from the marine industry. Specify these profits on the annual report and accounts page 15 in questions 66 through to and including 72. We decide on your request with a disposition. You may object to this disposition. Subsequently, you have to apply the tonnage ruling yourself.
There are three kinds of investment credits: small scale investment credit energy investment credit environmental investment credit Do you wish to be eligible for an investment credit? In that case, you have to complete the section Specificatie investeringsregelingen in the Jaarstukken bij de aangifte.
16
You can opt for this if you invested more than 2,100 in 2008 in operational assets that are recognized by the Ministry of Finance and the Ministry of Economic Affairs as energy investments. The energy investment credit is a maximum of 44% of 111,000,000. Are you opting for energy investment credit? In that case, you are not entitled to environmental investment credit for the same assets.
Take note!
A reporting procedure applies to energy investment scheme. For more information on the energy investment credit, see the brochure Energielijst 2008. This brochure can be downloaded from www. belastingdienst.nl or call the Foreign Revenue Phone Line: +31 55 538 53 85 - 0543.
Take note!
A reporting procedure applies to environmental investment scheme. For more information on the environmental investment credit, see the brochure Milieulijst 2008. This brochure can be downloaded from www.belastingdienst.nl or call the Foreign Revenue Phone Line: +31 55 538 53 85 - 0543.
Example
In the split financial year 1st June 2007 through to and including 31st May 2008, an entrepreneur makes the following investments: 40,000 during the period 1st June 2007 through to and including 31st December 2007 and 30,000 during the period 1st January 2008 through to and including 31st May 2008. The total investments in the financial year therefore amount to 70,000. The percentage for small scale investment credit in 2007 was 12% for investments amounting to 70,000 and in 2008 the percentage is 21% for investments amounting to 70,000. So the small scale investment credit is the total of (40,000 x 12%) = 4,800 plus (30,000 x 21%) = 6,300. The total, therefore, is 11,100. Use the Table of Small scale investment credit 2007 to determine which percentage you must use for investments in the 2007 period of the financial year.
For question 6c
Did you transfer assets in 2008, to which you applied an investment credit in previous years? In that case, you may have to repay part of the credit: This is done by means of the disinvestment addition. You transfer an asset when, for example, you sell or donate it. You are obliged to repay part of the credit if the following two conditions have been met: you transfer the asset within five years of the start of the calendar year in which you made the investment the transfer price of the assets totals more than 2,100. The amount of the disinvestment addition is a percentage of the amount for which you sold the asset. However, the addition never exceeds the amount of a previous credit. The percentage you need to add should be the same percentage you used for the previous investment credit. In case of a disinvestment addition, you must answer the question Desinvesteringsbijtelling in the Jaarstukken bij de aangifte.
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For question 6d
The schooling credit has been cancelled as of 1st January 2004. Sometimes, you need to apply a schooling addition for 2008. For example, if you applied the schooling credit in 2003 but received a reimbursement for schooling in 2008. The entrepreneurs credit, which can be deducted from your profit, consists of: self-employed persons credit credit for research and development activities assistance credit starters credit when occupationally disabled suspension credit
Take note!
You are not eligible for the entrepreneurs credit with respect to profits which you generated as a co-entitled person. You have to meet the hours criterion in order to be eligible for credit for research and development activities, assistance credit and the self-employed persons credit. In order to be eligible for starters credit if you are occupationally disabled, you have to meet the reduced hours criterion.
Tax reserves are part of fiscal assets. In order to be able to determine the taxable amount, attention is paid to the additions and decreases (withdrawals). The fact is that these have not yet been included in determining the balance of the fiscal profit. See the explanation for question 38 in the Annual report and accounts section of the tax return.
Were you a co-entitled person in a company in 2008? You were, for example, entitled as a limited partner in a limited partnership. In that case, you only run the risk up to the amount of your limited partners capital contribution. As a co-entitled person, you receive profits from a company, but you do not meet the conditions of the fiscal concept of entrepreneur. Therefore, you are, for example, not eligible for the entrepreneurs credit.
Usually you will meet the hours criterion by meeting the following two conditions: As an entrepreneur, you spent a minimum of 1,225 hours in 2008 on actually running your business(es). Were your activities as an entrepreneur interrupted by your pregnancy? In that case, the hours you did not work during a total of 16 weeks, still count as worked hours You spent more than 50% of your time working on your business(es). This condition does not apply if you were not an entrepreneur during one of the years 2003 through to and including 2007.
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your activities for the collaboration are mainly of a supportive nature and it is unusual that for these activities a collaboration is entered into the collaboration is connected with a company from which the related persons earn profits as entrepreneurs, but not you yourself (the so-called subpartnership)
More information on research and development activities can be obtained from www.senternovem.nl, and from www.belastingdienst.nl. Or call the Foreign Revenue Phone Line: +31 55 538 53 85.
For question 9c
You can utilize the assistance credit if you met all of the following conditions in 2008: You were an entrepreneur You met the conditions for the hours criterion (see Conditions for the hours criterion) Your tax partner worked 525 hours or more for your company without any compensation, or for less than 5,000 You are not eligible for the assistance credit with respect to profits which you obtained as a co-entitled person. Use the Table of assistance credit to determine the amount you may deduct as assistance credit. Profits from expropriation, the (partial) suspension of your business or the transfer of assets abroad will not be included.
For question 9a
You can utilize the self-employed persons credit if you met all of the following conditions in 2008: You were an entrepreneur You met the conditions for the hours criterion (see Conditions for the hours criterion) You are not eligible for the entrepreneurs credit with respect to profits which you generated as a co-entitled person. Use the Table of self-employed persons credit on page 18 to determine the deductible amount for the self-employed persons credit.
Starting entrepreneur
You can utilize the starting entrepreneurs credit (an increase of the self-employed persons credit) if you met the following conditions: You were entitled to the self-employed persons credit in 2008 You have not run your own business for at least one year during the years 2003 through to and including 2007 You did not utilize the self-employed persons credit more than twice during the years 2003 through to and including 2007 The starting entrepreneurs credit is 2,035 (or 1,018 if you were 65 years of age or older on 31st December 2007). Add the amount of the starting entrepreneurs credit to the amount of the self-employed persons credit.
The number of assisted hours should be plausible. The assistance credit is not income for your tax partner. Your tax partner does not have to pay tax on this.
For question 9d
You can utilize the starters credit when occupationally disabled if you met all of the following conditions in 2008: You were an entrepreneur Your entrepreneurship is not a continuation of your entrepreneurship before 1st January 2007 You were running your own business. You were not an entrepreneur during one of the years 2003 through to and including 2007 You were entitled to an occupational disability benefit (see Occupational disability benefit) You were born after 31st December 1942 You did not meet the hours criterion (see Conditions for the hours criterion on page 18) but did meet the reduced hours criterion (see Conditions for reduced hours criterion on page 18). There is no so-called untaxed return (stille terugkeer) from a limited company (beperkte vennootschap) in 2008 or in any of the years from 2003 through to and including 2007 You are not eligible for the starters credit when occupationally disabled with respect to profits which you generated as a co-entitled person. The starters credit when occupationally disabled is: 12,000 if you did not utilize this credit in 2007 8,000 if you did utilize this credit in 2007 The maximum of the starters credit when occupationally disabled is the profit made.
For question 9b
You can utilize the credit for research and development activities if you met all of the following conditions in 2008: You were an entrepreneur You met the conditions for the hours criterion (see Conditions for the hours criterion) You have an S&O statement from SenterNovem, stating that your activities are research and development activities. This statement also specifies the amount you may deduct for this purpose. You need to show this statement if we ask for it You spent a minimum of 500 hours on recognized research and development activities You are not eligible for the credit for research and development activities with respect to profits which you generated as a co-entitled person. The credit for research and development activities is 11,608. You can increase the credit for research and development activities by 5,805 if you met all of the following conditions: You have not run your own business for at least one year during the years 2003 through to and including 2007 You did not utilize the credit for research and development more than twice during the years 2003 through to and including 2007
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from your profit. You can utilize this exemption if you met the following two conditions: You were an entrepreneur You met the conditions for the hours criterion (see Conditions for the hours criterion on page 18). You are not eligible for the middle and small sized company profit exemption with respect to profits you generated as a co-entitled person. The middle and small sized company profit exemption amounts to 10% of the joint profit from one or more companies. In order to determine the middle and small sized company profit exemption, you first need to deduct the entrepreneurs credit from your profit. Did you not meet the hours criterion, but did you meet the conditions for suspension credit? In that case, you may be eligible for the middle and small sized company profit exemption. You do need to have met the hours criterion in three or more of the years from 2003 through to and including 2007 as an entrepreneur.
For question 9e
If you suspended your entire business in 2008, for example because you sold the company, you need to pay tax on the suspension profit. In that case, you can deduct the suspension credit from the suspension profit. The suspension credit is equal to the suspension profit, but is never more than 3,630. If you utilized the suspension credit before (suspension exemption prior to 2001), for example because you suspended part of your business, a different ruling applies. In that case, the suspension credit in 2008 may be limited.
10
11-18
You can calculate the taxable profit from your company in this question. You can find the necessary information in your annual report and accounts.
Were you living abroad in 2008? And were you an entrepreneur or a co-entitled person to a Dutch company? In that case, you received profits from a company. You were, for example, entitled as a silent partner in a limited partnership. If you met the conditions in 2008 as an entrepreneur, you can utilize special schemes, such as the entrepreneurs allowance and the investment credit.
If you opted for resident taxpayer status for the period abroad
When completing questions 11 through to and including 18, take your joint profits from The Netherlands and abroad into account. You must also state the income that is subject to taxation in another country by virtue of a tax treaty. This does not mean that you need to pay double tax. The fact is that you can request a tax relief. See the explanation for question 90.
If you did not opt for resident taxpayer status for the period abroad
In that case, only take your profits from a company in The Netherlands into account when completing questions 11 through to and including 18.
For question 10l Middle and small sized company profit exemption
The middle and small sized company profit exemption is a deduction
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For the explanatory notes to the questions 11 through to and including 18, please refer to the explanatory notes to the questions 3 through to and including 10.
Allocating your income to your domestic period and your period abroad in 2008
The amounts you enter in question 19 only relate to income you had when you were living in The Netherlands. Does your 2008 annual statement of earnings and deductions you received from your employer or benefits agency apply partly to the period you lived abroad? In that case, you have to calculate yourself what part of your income to enter in question 19, and what part in question 20. You can also request an annual statement with separate amounts for the two periods from your employer or benefits agency.
19, 20
Were you employed in The Netherlands? In that case, you received wages and paid income tax and premiums for the national insurance schemes: the payroll tax. Your employer withheld payroll tax and in doing so took a number of credits for your income tax and premium s for national insurance schemes into account: the tax credits. There are also other tax credits. You can request these in your tax return. You can find information on these other tax credits in questions 78 through to and including 83.
Payroll Tax
Payroll tax is withheld from, for example: wages, holiday allowance, private use of a company car, fringe benefits, bonuses, provisions and work placement compensation sickness benefit received from a benefits agency Income from present employment is, for example: wages, including holiday allowance, private use of a company car, fringe benefits, bonuses, provisions and income from exercising or transferring share option rights sickness benefits received from a benefits agency benefits paid under the Career Break (Funding) Act (Wet financiering loopbaanonderbreking) work placement compensation supervisory directors fees You can find the amounts on the annual statement of earnings and deductions issued to you by your employer or benefits agency. Do not enclose the annual statement of earnings and deductions with the tax return. Income from present employment is also, for example: tips or share option rights that were not subject to payroll tax. You need to state this income in question 19d and 20d foreign wages. You need to state this income in question 24 and 25 Income from present employment is not:: striking benefits from trade unions freelance income, extra income and income as an artist or professional athlete that was not obtained from employment. You need to state this income as extra income or income as a freelancer, home help, artist or professional athlete, in questions 30 and 31
If you opted for resident taxpayer status for the 2008 period abroad
In that case, take all your Dutch taxable income and other income from employment in The Netherlands, into account. You must also state the income that is subject to taxation in another country by virtue of a tax treaty. This does not mean that you need to pay double tax. The fact is that you can request a tax relief. See the explanation for questions 89 and 90.
If you did not opt for resident taxpayer status for the 2008 period abroad
In that case, only take your income from employment in The Netherlands into account for question 20. You must also state the income that is subject to taxation in another country by virtue of a tax treaty. This does not mean that you need to pay double tax. The fact is that you can request a tax exemption. See the explanation for question 91. For question 19, take all your Dutch taxable income and other income from employment in The Netherlands, into account. This does not mean that you need to pay double tax. The fact is that you can request a tax exemption. See the explanation for question 89. More information about tax treaties and the allocation of your income to your country of residence can be obtained from the Foreign Revenue Phone Line: +31 55 538 53 85.
If you were working for your Dutch employer in both The Netherlands and abroad in 2008
In this situation, we consider your wages from this employer as income from present employment in The Netherlands. Therefore, you need to state your complete wages. There are, however, two exceptions: Did the country in which you were working actually levy tax on your income in that country by virtue of a tax treaty? In that case, you need not state that portion of your income Does the country in which you were working not have a tax treaty with The Netherlands? But is tax levied on your income in that country? In that case, you need to state your income in questions 20 and 91. You can request tax exemption The Netherlands has tax treaties with the countries listed in the table on page 8.
Lack of space?
Enter the three highest wages on the upper three lines and the total of the other wages on the fourth line.
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subject to payroll tax? In that case, enter their value here. Other income not subject to payroll tax Did you receive any benefits from parties other than your employer during your employment? In that case, state the real amount of this other income, less the amount already included in your annual statement of earnings and deductions. Your employer will know which amount was included in your annual statement of earnings and deductions. This does not concern: rent benefit, health care benefit, child benefit and child care benefit striking benefits from trade unions special social security benefits freelance income, extra income and income as an artist or professional athlete that was not obtained from employment. You need to state this income as extra income or income as a freelancer, home help, artist or professional athlete, in questions 30 and 31 foreign wages or foreign benefits. State this income as foreign wages, pension or benefits in questions 24, 25, 26 and 27
21, 22
If you opted for resident taxpayer status for the 2008 period abroad
In that case, you need to take all your Dutch taxable income and other income from previous employment in The Netherlands into account. You must also state the income that is subject to taxation in another country by virtue of a tax treaty. This does not mean that you need to pay double tax. The fact is that you can request a tax relief. See the explanation for questions 89 and 90.
If you did not opt for resident taxpayer status for the 2008 period abroad
In that case, only take your income from previous employment in The Netherlands into account for question 22. You must also state the income that is subject to taxation in another country by virtue of a tax treaty. This does not mean that you need to pay double tax. The fact is that you can request a tax exemption. See the explanation for question 91. For question 21, take all income that was subject to Dutch payroll tax and other income from previous employment in The Netherlands into account. This does not mean that you need to pay double tax. The fact is that you can request a tax exemption. See the explanation for question 89.
22
lawyers fees telephone charges postal charges travelling expenses debt-collection charges
Take note!
Do enter the gross amount of your benefit in question 21a or 22a.
Lack of space?
Enter the two highest benefits on the upper two lines and the total of the other benefits on the third line.
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Take note!
Did you receive a redemption payment for an entitlement to wages or a pension, or an annuity scheme? In that case, also complete question 87 and 88.
Deductible costs
Usually, income from previous employment consists of wages from previous employment. Wages from previous employment often concerns employment already terminated. Examples of wages from previous employment are pension benefits, benefits received under the Unemployment Insurance Act (WW) and early retirement benefits (VUT). You cannot deduct any expenses for this. A number of periodical payments have been designated as wages from previous employment. As a result, payroll tax is withheld from these payments. You may deduct certain expenses you incur for these designated regular payments. The most important payments designated as wages from previous employment are: social assistance benefits and comparable benefits benefits to resistance and war victims occupational disability benefits not resulting from employment pensions not resulting from employment but, for example, from entrepreneurship annuity payments to adults Do you receive one of the above-mentioned benefits? In that case, you may deduct the expenses you incurred in order to obtain or keep the benefit. It concerns for example:
Did you have income from an international organisation in 2008? In that case, your income may be exempt from Dutch tax. This may concern income from present and previous employment.
You receive this exemption if, for example, you worked for: the European Union the United Nations NATO the International Court of Justice the European Patent Office ESA/Estec
23
Take note!
Pensions from other international organisations are not exempt. You should enter these in question 26.
If you paid your employer a compensation for the private use of the car, you may deduct this compensation from the addition. If the compensation is higher than the addition, the addition is 0. In that case, you do not add anything, but you cannot deduct anything for the private use either, nor from your income from employment. Expenses that you paid for the car yourself, such as fuel, may not be deducted from the addition. You may not deduct these from your income from employment either.
26, 27
Did you receive a pension, or benefits from an employer or a benefits agency abroad? In that case, you still need to state that income in The Netherlands. Even if the income was already taxed abroad.
24, 25
If you opted for resident taxpayer status for the 2008 period abroad
For question 26 and 27, take all your foreign income from employment abroad that was not subject to Dutch payroll tax into account. You must also state the income that is subject to taxation in another country. This does not mean that you need to pay double tax. The fact is that you can request a tax relief. See the explanation for questions 89 and 90.
Were you working abroad in 2008 and no Dutch tax was withheld from your income? In that case, you still need to state that income in The Netherlands. Even if the income was already taxed abroad.
If you opted for resident taxpayer status for the 2008 period abroad
For question 24 and 25, take all your foreign income from employment that was not subject to Dutch payroll tax into account. You must also state the income that is subject to taxation in another country. This does not mean that you need to pay double tax. The fact is that you can request a tax relief. See the explanation for questions 89 and 90.
If you did not opt for resident taxpayer status for the 2008 period abroad
In that case, you need not complete question 27. In question 26, state all your foreign income from employment that was not subject to Dutch payroll tax. This does not mean that you need to pay double tax. The fact is that you can request a tax exemption. See the explanation for question 89.
If you did not opt for resident taxpayer status for the 2008 period abroad
In that case, you need not complete question 25. In question 24, state all your foreign income from employment that was not subject to Dutch payroll tax. This does not mean that you need to pay double tax. The fact is that you can request a tax exemption. See the explanation for question 89.
24
28, 29
Did you commute to work by public transport? In that case, you may deduct a fixed amount from your income under certain conditions. Did you receive a travel allowance from your employer? In that case, you need to deduct this from the fixed amount. You can find the fixed amount in the Table of Public Transport Commuting Allowance on page 25.
If you opted for resident taxpayer status for the 2008 period abroad
For question 28 and 29, take all your income from employment that you stated in questions 19, 20, 24 and 25 into account.
If you did not opt for resident taxpayer status for the 2008 period abroad
In that case, only take your income from employment that you stated in questions 19, 20, and 24 into account.
Take note!
Keep your public transport statement or travel statement, as we may request it. Do not enclose the statement with the tax return.
For question 28a and 29a Employer took care of transport Conditions for the public transport commuting allowance
You are entitled to the public transport commuting allowance if you met the following three conditions in 2008: The one-way distance from your home to your place of work by public transport was more than 10 kilometres You usually travelled one or more times a week to your work or in the whole of 2008 at least 40 days to the same workplace. Only journeys to work and back that were made within 24 hours will qualify for this purpose You have a public transport statement You can use the Calculation tool to determine the public transport commuting allowance to determine the deductible amount. You will not be entitled to the public transport commuting allowance if your employer provided your transport or issued you with public transport tickets. You will be entitled to the commuting allowance if you paid your employer a contribution for this purpose. This contribution needs to be at least 70% of the amount of the public transport commuting allowance to which you would be entitled if your employer did not take care of transport. If you wish to utilize the public transport commuting allowance, you also need to meet the other conditions (see Conditions for the public transport commuting allowance).
Different workplaces
Did you travel to different workplaces on the same day? In that case, you may only deduct the travel costs for trips to the place to which you travelled most. If you travelled to these workplaces with equal frequency, you may deduct the expenses for the workplace with the longest commuting distance. If you travelled to different places on different days in a week, you may deduct the travel cost to both places according to the table.
+
Add Total public transport commmuting allowance (maximum 1.918)
* Did you travel part of the yearr? If so, first calculate a proportionate part of the amount in thee table.
25
For example, you travelled two days a week to one place and three days a week to the other place. You may deduct the total commuting allowance (with a maximum of 1,918) minus the received reimbursements.
30, 31
Special situations
If you meet the conditions for public transport commuting allowance, but would like more information about a special travelling situation, you can call the Foreign Revenue Phone Line: +31 55 538 53 85. It could be, for example, that you did not have a permanent workplace.
Did you work as a freelancer or home help, or did you have any extra income in 2008? In that case, it could be that no payroll tax was withheld from your income and that this income is not a result of profits from a company. Or were you an independent artist or professional athlete in 2008? In all these cases you had revenues from other activities by working. You may deduct some costs you incurred for the revenues from other activities. The difference between the revenues and the costs is the income from other activities.
If you opted for resident taxpayer status for the 2008 period abroad
In that case, take your income from activities in The Netherlands and abroad into account. You must also state the income that is subject to taxation in another country by virtue of a tax treaty. This does not mean that you need to pay double tax. The fact is that you can request a tax relief. See the explanation for questions 89 and 90.
If you did not opt for resident taxpayer status for the 2008 period abroad
In that case only take your income from activities in The Netherlands into account for question 31. You must also state the income that is subject to taxation in another country by virtue of a tax treaty. This does not mean that you need to pay double tax. The fact is that you can request a tax exemption. See the explanation for question 91. For question 30, take the joint income in The Netherlands and abroad into account. This does not mean that you need to pay double tax. The fact is that you can request a tax exemption. See the explanation for question 89.
* The public transport commuting allowance in that case 0,21 per kilometre for a one-way trip, multiplied by the number of days you travelled in 2008. The maximum deduction is 1.918.
Take note!
If you only travelled part of the year by public transport, calculate a proportionate amount of the commuting allowance.
Administration
You are not obliged to keep an administration of your revenues and costs from other activities. If we do require information regarding these activities, you are required to provide this in an orderly manner within a reasonable time. It is therefore important that you keep relevant information as evidence of the amounts you entered. This could be, for example, invoices, receipts and bank or giro statements. Or your calculation for the depreciation of your company assets.
Take note!
If you are considered an entrepreneur with regard to turnover tax, you do need to keep records.
26
32, 33
Provided assets
Take note!
If you were living in a property that you classify as business, the notional rental value for owner-occupants is part of the revenues from other activities.
Did you provide assets, for example premises, to certain companies in 2008? In that case, you need to state your own income from this in box 1. Did you provide assets to related persons or partnerships that utilized these assets to generate profit or income from other activities? In that case, you also need to state the assets in box 1.
You had no income, because you had not agreed on compensation, such as rent? In that case, you must state the income that you would have received under normal circumstances. You also need to do this if the compensation you received was below the business custom. You only need to state the revenues from assets which you provided to: your tax partner or another related person (see Related person) a partnership in which a person related to you participates
Take note!
You only need to state the income if the assets were used to generate profits or income from other activities. a company in which you, your tax partner or another person related to you held a substantial interest. You possess a substantial interest, for example, if you (together with your tax partner) owned at least 5% of the shares, options or profit-sharing certificates It does not concern providing assets to your spouse with whom you were married in community of property. Were you married in 2008 without community of property? In that case, you also need to state the income from providing assets to your spouse.
Related person
Related persons are considered to be: your tax partner the person with whom you entered into a cohabitation contract before a civil-law notary the person registered as your partner in view of a pension scheme the person with whom you share an owner-occupied property and who is (jointly) liable for a debt secured on the property, such as a mortgage debt the person (not a parent or a child older than 27 years of age) who meets the conditions for tax partnership. This person is not a related person if you can make a strong case that you were not running a permanent household together your underage children, or the underage children of the persons listed above
27
34, 35
Take note!
If you had an underage child in 2008, you should also state the income from assets that your child provided in that year.
If you opted for resident taxpayer status for the 2008 period abroad
In that case, take both your assets in The Netherlands and abroad into account. You must also state the income that is subject to taxation in another country by virtue of a tax treaty. This does not mean that you need to pay double tax. The fact is that you can request a tax relief. See the explanation for questions 89 and 90.
Did you have extra income in 2008 or income as a freelancer, a home help, an artist or a professional athlete from activities that were not performed in employment? Or did you provide assets? In that case, enter the value of the assets.
If you, for example, use your own assets for your activities, you will often need to decide whether you classify the assets as business or private. With respect to business assets, you need to determine the book value and depreciation according to the rules that apply to an entrepreneur.
If you did not opt for resident taxpayer status for the 2008 period abroad
In that case, only take your income from assets in The Netherlands into account for question 33. You must also state the income that is subject to taxation in another country by virtue of a tax treaty. This does not mean that you need to pay double tax. The fact is that you can request a tax exemption. See the explanation for question 91. For question 32, take the income in The Netherlands and abroad into account. This does not mean that you need to pay double tax. The fact is that you can request a tax exemption. See the explanation for question 89.
For question 34a through to and including 34c and 35a through to and including 35c
Enter the book value of your balance sheet on the first day of the period in The Netherlands or abroad, or the value as per the starting date of your activities in 2008 in the left column. Enter the book value of the assets on the last day of the period in The Netherlands or abroad, or their fair value as per the suspension date in 2008 in the right column.
Take note!
This does not concern the value of your owner-occupied property or a holiday home that you may have occasionally let.
Administration
You are required to keep an administration of your revenues and costs relating to your assets You are required, for example, to draw up a balance sheet and a profit and loss account. Do not enclose your administration with the tax return.
28
36
Owner-occupied home
Only for the period in which you lived in The Netherlands
The owner-occupied home scheme also applies to: a house for which you or your tax partner owned the rights to a permanent ground lease or the building and planting rights a house based on a membership of an association of apartment owners a houseboat or caravan with a permanent mooring or standing place A house that was not your principal residence is part of box 3: gains from savings and investments. It may occur that you temporarily had two houses or were temporarily not living in your house. In special cases, these houses are temporarily still subject to the owner-occupied home scheme. This allows you for example to continue deducting the interest on your outstanding mortgage debt. This applies in the following situations: You moved to another house, your old house had been vacant since, and had not yet been sold You had another house and did not immediately start living in it and this house was vacant or under construction. You left your owner-occupied home and your former tax partner stayed in the house You had been admitted to an AWBZ centre, such as a care centre or a nursing home You were temporarily seconded or transferred, as a result of which your home was vacant.
Did you or your tax partner have an owner-occupied house in the period in 2008 in which you lived in The Netherlands? For this house you need to add an amount to your income: the notional rental value. In addition, you may deduct certain expenses regarding your owner-occupied home, such as the (mortgage) interest and costs relating to the owner-occupied home debt. The owner-occupied home debt is the amount of the loan(s), on which you may deduct the interest.
Income from an owner-occupied home includes: the income from temporarily letting the home the taxable part of the benefits from an owner-occupied home capital insurance scheme the taxable part of the unblocked deposit of an owner-occupied home savings account the taxable part of the unblocked value of an owner-occupied home investment account Deductible expenses on the owner-occupied home include: the interest on and costs of the owner-occupied home debt periodical payments towards a ground lease, building and planting rights, or a perpetual hereditary lease.
Tax partners
If you had a tax partner during the whole of 2008, you both need to state the total of the notional rental value of the owner-occupied home minus the deductible items for your 2008 period in The Netherlands. Subsequently, you may apportion the balance between the income and the deductible items relating to the owner-occupied home for your domestic period between yourselves. Any apportionment is acceptable, as long as the total adds up to 100%.
Take note!
You may only apportion the balance between the income and the deductible items relating to the owner-occupied home between yourself and your tax partner. It is not possible, for example, for one tax partner to merely state the notional rental value of the owner-occupied home and for the other partner to merely state the costs.
More than one resident, no tax partners When does the owner-occupied home scheme apply?
The owner-occupied home scheme applies to the house which was your or your tax partners owned property in 2008 and which you used as your principal residence. You can only have one house as your principal residence. Do you have a tax partner? In that case you can only have one joint principal residence. The owner-occupied home scheme also applies if you or your tax partner had usufruct under inheritance law. With a usufruct will, the owner-occupied home scheme applies for a maximum of two years after the testators death, if the estate has not yet been settled. Did you share an owner-occupied home as your principal residence with more persons who were not tax partners? In that case, each resident needs to state his own portion of the notional rental value for the 2008 period in The Netherlands that is proportionate to his share in the ownership of the house.
Example
You owned 75% of the house and your housemate owned 25%. In that case, you state 75% of the notional rental value and your housemate 25%.
29
Take note!
If you were regarded as tax partner for the whole of 2008, the notional rental value for the whole year may apply.
Take note!
Use the WOZ value with reference date 1st January 2007, mentioned in the WOZ assessment that you received at the beginning of 2008.
30
The taxed part of a death benefit from an owner-occupied home capital insurance scheme must be stated by the person who receives the benefit on the basis of the policy. Upon death of the account holder or the owner, the taxable part of an owner-occupied home savings account or owner-occupied home investment account should be stated in the tax return of that account holder or owner. In many cases, however, an exemption applies to the benefit or the balance or value after release.
deduct other costs you incurred for your owner-occupied home, such as the costs for maintenance and improvements.
Take note!
Income from temporary letting does not concern: the rent you received for letting part of your owner-occupied home (for example a room). See Rented portion of an owner-occupied home. compensation you received from tenants for cleaning and meals. You need to state this compensation in question 30a
Take note!
The expenses which your partner is allowed to deduct in his/her country of residence cannot be deducted. This concerns interest on and costs of the owner-occupied home mortgage that you took out for the purchase, maintenance or improvement of your property, and that you paid in 2008. You cannot
31
owner-occupied home. In that case, the part of the loan you have not yet used for your owner-occupied home is part of the capital yield tax base in box 3. You may not deduct the interest on and costs of that part of your loan in box 1. In that case, your rebuilding or new building deposit is also part of the capital yield tax base in box 3. You may not set off the interest received on the deposit against the interest paid and costs of your owner-occupied home.
construction interest. You may deduct the interest on a loan that you took out before 1st January 2001, to pay for deductible transfer charges or construction interest interest on and costs of a loan that is not related to an owner-occupied home, such as, for example, the purchase of a car interest on and costs of loans that are not considered by the additional loan ruling as owner-occupied home debts
Your outstanding mortgage debt was already in existence on 31st December 1995
If the mortgage debt on your house was already in existence on 31st December 1995, you may deduct the interest on this mortgage debt. The same applies if you have not used the loan to buy the house or to improve or maintain the house. A condition is that the mortgage debt is still related to the same property in 2008 and that the property was still your owner-occupied home.
Example
Your share of the owner-occupied home debt was 3/4, and your housemates was 1/4. You may deduct up to a maximum of 3/4 of the total interest for the owner-occupied home, even if you paid all the interest in 2008. Do you have periodical payments for a permanent ground lease, building and planting rights or a perpetual hereditary lease? In that case, you need to take your share in the ownership of your house into account. You may only deduct the part of these costs which is proportionate to your share in the ownership of the house.
Example
You and your housemate each owned half of the house. In that case, you may deduct up to a maximum of half the periodical payments for a permanent ground lease, building and planting rights or a perpetual hereditary lease with regard to the owner-occupied home, even if you paid all these costs in 2008.
32
37
Owner-occupied home
Only for the period in which you lived abroad
Did you or your tax partner have an owner-occupied home in the period in 2008 in which you lived abroad? In that case, you need to add an amount to your income for this owner-occupied home: the notional rental value. In addition, you may deduct certain expenses regarding your owner-occupied home, such as the (mortgage) interest and costs relating to the owner-occupied home debt. The owner-occupied home debt is the amount of the loan(s) relating to the owner-occupied home on which the interest may be deducted.
Example
Notional rental value Deductible (mortgage) interest and costs Balance of income and deductible items for the owner-occupied home 1,200 1,000 200
Income from an owner-occupied home includes: the income from the temporary letting of the home the taxable part of the benefits from a capital insurance scheme for the owner-occupied home the taxable part of the unblocked deposit of an owner-occupied home savings account the taxable part of the unblocked value of an owner-occupied home investment account Deductible items for the owner-occupied home include: the interest on and costs of the owner-occupied home debt periodical payments towards a ground lease, building and planting rights, or a perpetual hereditary lease
200
Take note!
Besides the notional rental value, did you have any income from temporarily letting the owner-occupied home? Or a taxable part of a benefit from an owner-occupied home capital insurance scheme? Or did you earn a taxable yield on the owner-occupied home savings account or owner-occupied home investment account? In that case, you do pay tax on that income. Use the Calculation tool to determine the deductible due to no or little owner-occupied home debt to determine the deductible amount.
Calculation tool to determina the decuctible due to no or litttle owner-occupied home debt Tax partner
If you had a tax partner during the whole of 2008, you should apportion the deductible due to no or little owner-occupied home debt the same way you apportioned the balance between the income and deductible items relating to the owner-occupied home. Notional rental value Reproduce from question 36h Total of deductible items for the owneroccupied home Reproduce from question 36n Deduct Deduction due to no or little owner-occupied home debt Take note! Only enter C in question 36s if the amount is positive.
Take note!
Did you have income from a temporary let? In that case, the following applies to the calculation of this deductible item: you do not have to decrease the notional rental value by the deductible costs during the letting period.
33
The owner-occupied home scheme also applies to: a house for which you or your tax partner owned the rights to a permanent ground lease, the building and planting rights or the perpetual hereditary lease a house based on a membership of an association of apartment owners a houseboat or caravan with a permanent mooring or standing place An owner-occupied home that was not your principal residence is part of box 3: gains from savings and investments. It may occur that you temporarily had two houses or were temporarily not living in your house. In special cases, these houses are temporarily still subject to the owner-occupied home scheme. This allows you, for example, to continue deducting the interest on your outstanding mortgage debt. This applies in the following situations: You moved to another house, your old house has been vacant since, and had not yet been sold You had another house and did not start living in it immediately and this house was vacant or under construction You left your-owner occupied home and your former tax partner continued to live there You had been admitted to an AWBZ centre, such as a care centre or a nursing home You were temporarily seconded or transferred, as a result of which your home was vacant
Tax partners
If you had a tax partner during the whole of 2008, you both need to state the total of the notional rental value of the owner-occupied home minus the deductible items. Subsequently, you may apportion the balance between the income and the deductible items relating to the owner-occupied home between yourselves. Any apportionment is acceptable, as long as the total adds up to 100%.
Take note!
You may only apportion the balance between the income and the deductible items relating to the owner-occupied home between yourself and your tax partner. It is not possible, for example, for one tax partner to merely state the notional rental value of the owner-occupied home and for the other partner to merely state the costs.
Example
You owned 75% of the house and your housemate owned 25%. In that case, you state 75% of the notional rental value and your housemate 25%.
State the net proceeds of the property sold. This is the selling price received minus the selling costs, such as real estate agents costs and the costs of the civil-law notary regarding the transfer.
If you opted for resident taxpayer status for the period you were abroad in 2008
In that case, you should include your house abroad and possibly your house in The Netherlands if it was subject to a special situation. You must also state the income that is subject to taxation in another country by virtue of a tax treaty. This does not mean that you need to pay double tax. The fact is that you can request a tax relief. See the explanation for question 90.
If you did not opt for resident taxpayer status for the period you were abroad in 2008
In that case, you may not state information about your owner-occupied home in your country of residence. If you still have a house in The Netherlands, this is usually subject to box 3. In certain situations, your (second) home in The Netherlands is temporarily still subject to the owner-occupied home scheme. As a result, the interest, for example, is deductible. These special situations are mentioned in the previous text. The fact that these conditions only apply to your house in The Netherlands, should be taken into consideration.
34
the table, you should enter NLD as country code for The Netherlands and XXX for other countries.
Take note!
State the WOZ value as per value reference date 1st January 2007, mentioned in the WOZ assessment that you received at the beginning of 2008.
Take note!
If you were regarded as tax partner for the whole of 2008, the notional rental value for the whole year may apply.
35
gas and electricity used by the tenant services rendered to the tenant, such as cleaning and washing advertisements and provision If you received a compensation for these costs, this compensation is also part of the rent received. Maintenance costs, depreciation costs and fixed charges may not be deducted from the rent received. These rules only apply if you were not residing elsewhere during the rental period (for example due to a temporary secondment or posting).
entering into the loan agreement. This remains valid for as long as the deposit is kept for maintenance or rebuilding purposes. You need to deduct the interest received on the full deposit from the paid interest and costs. If the maintenance or rebuilding ceases earlier, the interest on the remainder of the deposit will no longer be deductible. You need to state the remainder in box 3. Only the interest on the part of the loan that was used for maintenance or rebuilding is deductible. Only that part of the loan is taken into consideration in box 1 as owner-occupied home debt which can eventually be classified as an owner-occupied home debt. Other parts remain in box 3. This, for example, applies to costs that have been included in the financing, but are not owner-occupied home debts. If the deposit is partially subject to box 3, an administrative division needs to be applied.
Take note!
Income from temporary letting does not concern: the rent you received for letting part of your owner-occupied home (for example a room). See Rented portion of an owner-occupied home compensations you received from lodgers for cleaning and meals. You need to state this compensation in question 31a
Take note!
The expenses which your partner is allowed to deduct in his country of residence cannot be deducted. These concern interest on and costs of the owner-occupied home debt which you took out for the purchase of your property, or for the improvement or maintenance of your property and which you paid in 2008. You cannot deduct other costs you incurred regarding your owner-occupied home, such as the costs for maintenance and improvement.
36
more for brokerage fees, you may deduct the excess relating to 2008 in 2008. You may deduct the remainder during the term of the loan in equal yearly portions, starting in 2009 costs of evaluation (only to obtain a loan) mediation charges to obtain a mortgage and costs relating to the application for a National Mortgage Guarantee (Nationale Hypotheekgarantie) interest on debts for the redemption of a permanent ground lease, building and planting rights or a perpetual hereditary lease interest on loans for financing costs relating to purchasing, rebuilding or maintaining your house, for example, civil-law notary costs penalty interest or transfer charges paid interest on loans for financing costs relating to entering into a loan agreement for the purchase of your house, for example, brokerage fees
your house into account. You may only deduct the part of these costs which is proportionate to your share in the ownership of the house.
Example
You and your housemate each owned half of the house. In that case, you may deduct up to a maximum of half the periodical payments for a permanent ground lease, building and planting rights or a perpetual hereditary lease with regard to the owner-occupied home, even if you paid all these costs in 2008.
Your outstanding mortgage debt was already in existence on 31st December 1995
If the mortgage debt on your house was already in existence on 31st December 1995, you may deduct the interest on this mortgage debt. The same applies if you do not use the loan to buy the house or to improve or maintain the house. A condition is that the mortgage debt is still related to the same property in 2008 and that the property was still your owner-occupied home.
Example
Notional rental value Deductible (mortgage) interest and costs Balance of income and deductible items for the owner-occupied home 1,200 1,000 200
200
Example
Your share of the owner-occupied home debt was 3/4, and your housemates was 1/4. You may deduct up to a maximum of 3/4 of the total interest for the owner-occupied home, even if you paid all the interest in 2008. Do you have periodical payments for a permanent ground lease, building and planting rights or a perpetual hereditary lease? In that case, you need to take your share in the ownership of
Take note!
Besides the notional rental value, did you have any income from temporarily letting the owner-occupied home? Or a taxable part of a benefit from an owner-occupied home capital insurance scheme? Or did you earn a taxable yield on the owner-occupied home savings
37
account or owner-occupied home investment account? In that case, you do pay tax on that income. Use the Calculation tool to determine the deductible due to no or little owner-occupied home debt to determine the deductible amount.
You need not state the following benefits: alimony you received for yourself via the social welfare services. You need to state this alimony in question 21a or 22a alimony payments you received for your children. This alimony is not taxed.
Calculation tool to determine the deductible due to no or little owner-occupied home debt Tax partner
If you had a tax partner during the whole of 2008, you should apportion the deductible due to no or little owner-occupied home debt the same way you apportioned the balance between the income and deductible items relating to the owner-occupied home. Notional rental value Reproduce from question 37i Total of deductible items for the owner-occupied home Reproduce from question 37p Deduct Deduction due to no or little owner-occupied home debt Take note! Only enter C in question 37t if the amount is positive.
40, 41
Take note!
Did you have income from a temporary let? In that case, the following applies to the calculation of this deductible item: you do not have to decrease the notional rental value by the deductible costs during the letting period.
38, 39
You need to state certain periodical benefits that were not subject to payroll tax. Those benefits are: periodical state contributions for a house you owned, periodical benefits in connection with a disability, sickness or an accident and other periodical benefits and provisions, amongst which annuities on which no payroll tax has been withheld.
If you opted for resident taxpayer status for the period you were abroad in 2008
In that case, it concerns the joint income in The Netherlands and abroad. You must also state the income that is subject to taxation in another country by virtue of a tax treaty. This does not mean that you need to pay double tax. The fact is that you can request a tax relief. See the explanation for question 89 and 90
You need to state alimony and related redemption payments that were not subject to payroll tax. You may also deduct the costs made to obtain the alimony.
Take note!
Only complete question 39 if you opted for resident taxpayer status. In that case, it concerns the joint income in The Netherlands and abroad. You must also state the income that is subject to taxation in another country by virtue of a tax treaty. This does not mean that you need to pay double tax. The fact is that you can request a tax relief. See the explanation for question 90.
If you did not opt for resident taxpayer status for the period you were abroad
In that case, when completing question 41, only take your income from The Netherlands into account. You must also state the income that is subject to taxation in another country by virtue of a tax treaty. This does not mean that you need to pay double tax. The fact is that you can request a tax exemption. See the explanation for question 91. When completing question 40, take your income from The Netherlands and abroad into account. This does not mean that you need to pay double tax. The fact is that you can request a tax exemption. See the explanation for question 89.
38
periodical benefits in connection with the standing rights you used in order to take up your old age reserve periodical benefits that you were unable to enforce in court and which you received from a legal body (such as a periodical scholarship from a family foundation) periodical indemnification benefits in view of missing income or as a contribution towards the cost of living redemption payments of the aforesaid periodical benefits and annuity payments German Elterngeld
Take note!
Redemption payments for annuities taken out after 15th October 1990 and for which premiums have been paid after 1991 need to be stated in question 48a and 49a. You need not state the following periodical benefits: rent benefit, health care benefit, child benefit and child care benefit benefits from the city council for day care for children if you were a single parent college grant in view of the Student Finance Act (WSF) allowances in view of the Study Costs Allowances Act (WTS) student loans one-time student grants child benefit
Provisions
Provisions are benefits in a form other than money, therefore benefits in kind.
42, 43
Other income
As from 1st January 2001, you no longer pay tax on the actual income from your assets, such as interest and rent. You do, however, need to pay tax on a fixed return of 4% on your assets minus your debts. However, did you receive interest or rent in 2008, that is (partly) related to a period before 1st January 2001? In that case, you need to state this income in your tax return for 2008, because no relevant tax has been paid yet.
It concerns the following income received by you or your underage children in 2008:
39
the taxable part of a benefit received under a capital insurance scheme other income, such as interest for the period before 1st January 2001
Take note!
You need not state interest, rent or lease relating to the period after 31st December 2000. The fact is that the claim or savings balance, the rent or the lease usually belongs to your assets in box 3.
If you opted for resident taxpayer status for the period you were abroad in 2008
In that case, it concerns the joint income in The Netherlands and abroad. You must also state the income that is subject to taxation in another country by virtue of a tax treaty. This does not mean that you need to pay double tax. The fact is that you can request a tax relief. See the explanation for question 89 and 90.
Take note!
You only need to state the interest if you opted for resident taxpayer status.
44, 45
If you did not opt for resident taxpayer status for the period you were abroad
In that case, when completing question 43, take your income from The Netherlands into account. In question 43b, you only state income from immovable property in The Netherlands. You need not complete question 43a. You must also state the income that is subject to taxation in another country by virtue of a tax treaty. This does not mean that you need to pay double tax. The fact is that you can request a tax exemption. See the explanation for question 91. When completing question 42, take your income from The Netherlands and abroad into account. The fact that you need to enter your foreign income, does not mean you need to pay double tax. The fact is that you can request a tax exemption. See the explanation for question 89.
Amount received for expenses that were deducted in a previous tax return
Did you or your tax partner receive a compensation in 2008 or did you receive a refund for expenses that you deducted prior to 2008? In that case, you must rectify this deduction in 2008. This is referred to as the negative personal allowance.
If your tax partner deducted the amount before 2008, your tax partner will also need to state the refunded amount or the compensation received. This is also the case if you were living with the same housemate in 2008 as a single person, but did not opt for tax partnership.
Divorced
Are you now divorced, permanently separated or no longer living together? In that case, the person who received the refund or the allowance should state this. This concerns allowances or refunds for: alimony and other maintenance obligations costs or maintenance costs relating to a (registered or listed) building. It may also concern the waived loan which you took out through the National Restoration Fund a loan which you granted a starting entrepreneur, and have waived and deducted. It should concern a loan we have classified as a durable investment (Agaath lening) or venture capital medical expenses and other extraordinary expenses, which you deducted in the period 2001 through to and including 2007 study costs and other educational expenses which you deducted in the period 2001 through to and including 2007
Take note!
For capital insurance schemes, you must also declare the taxable interest you received in 2008 for the period after 31 December 2000. Ask your insurance company what the interest amount is.
Example
On 1st February 2008 you received 12,000 for interest over the period 1st February 1998 through to 1st February 2008. This means that the interest on 35 of the 120 months is related to the period before 2001. In this case, you need to state the following: 35/120 x 12,000 = 3,500.
40
46, 47
There are various ways to secure additional income for yourself or someone else in certain situations. A well known example is the annuity policy, which can be taken out with an insurance company to generate additional income upon your retirement. Other examples are: a surviving dependants annuity, or insurance schemes that will provide you with income should you become unfit for work. If certain conditions are fulfilled, the premiums paid towards these types of insurance are deductible. The conditions depend on the kind of insurance policy. As from 1st January 2008 you can also open an annuity savings account or annuity investment account with a bank or other financial institution. The amounts you paid into this account are deductible on the same conditions as the premiums you paid for an old-age or surviving dependants annuity.
You may only deduct the premiums for an annuity if you have a pension deficit. Premiums for building an annuity capital which is used for the following annuity schemes are deductible: an old-age annuity scheme. In that case, you will receive annuity benefits until you die. The benefits may start at any given time, but not later than the year in which you turn 70 years of age a surviving dependants annuity scheme. Surviving dependants receive an annuity benefit upon your or your tax partners death. Additional rules apply regarding the term of the instalments to be received a temporary old-age annuity scheme. You will receive annuity benefits for at least 5 years, starting no sooner than the year in which you turn 65 years of age. These benefits start no later than the year in which you turn 70 years of age and cease at a determined ending date, for example when you turn 80 years of age.
Take note!
Only complete question 47 if you opted for resident taxpayer status. In certain conditions, the following premiums are deductible: for annuities as (supplement to your) pension for annuities as (supplement to a) pension for surviving dependants for the transfer of your old age reserve to an annuity scheme for the transfer of your suspension profit to an annuity scheme for annuities for a disabled (grand) child that is of age for periodical benefits to yourself resulting from invalidity, sickness or an accident, such as premiums towards occupational disability insurances for the Invalidity Insurance Self-Employed Persons Act (Waz) in order to remain entitled, in some special cases, to the surviving dependants benefits under the Surviving Dependants Act (Anw) Under certain conditions, the payments you made to the following are also deductible: a blocked annuity savings account held by you an investment account to obtain one or more blocked participation rights in that account
Annual margin
The annual margin for 2008 is part of the maximum deductible amount for annuity premiums in 2008. If you had a pension deficit in 2007, you may in 2008, under certain conditions, deduct annuity premiums paid or deposits into an annuity savings account or annuity investment account as expenses for the provision of income. According to the tax rules, you may have a pension deficit while being employed and accruing pension entitlements in the normal way.
Take note!
Premiums or private contributions by employees, for example, to a pension are not deductible. This was already taken into account by your employer or benefits agency when withholding your payroll tax.
Reserve margin
The reserve margin is the total annual margins for 2001 through to and including 2007 that were not used by you. Were there one or more years between 2001 through to and including 2007 in which you had an annual margin for which you did not make premium payments towards an annuity policy? In that case, you are still entitled to deduct in 2008 up to a certain amount for paid annuity premiums or deposits on an annuity savings account or an annuity investment right. You can determine the deductible amount for annuity premiums or deposits on an annuity savings account or annuity investment account with the Calculation tool to determine Annuity premiums. You can find this tool on www.belastingdienst.nl.
Take note!
You are not obliged to deduct premiums for annuities or payments to an annuity savings account/annuity investment account. If you opt not to deduct those expenses, the value of the policy or the balance of the savings account or the investment account is taxed in box 3: gains from savings and investments. You can determine the deductible amount for annuity premiums or payments to an annuity savings account/annuity investment account with the Calculation tool to determine Annuity premiums in 2008. You can find this tool on www.belastingdienst.nl.
41
Take note!
Do you pass on your company to your successor? In that case, you cannot hold an annuity savings account or open an annuity investment account with your successor. You can, however, take out an annuity policy with your successor.
Deductible amount
The deductible amount is the suspension profit you used to purchase an annuity scheme, annuity savings account or annuity investment account, but with a maximum of: 417,874 if you were 60 years of age or older upon suspension of your business. This maximum also applies if at that point in time you were 45% occupationally disabled and the payments of the annuity, annuity savings account or annuity investment account start within six months after you suspend your business. 208,942, if you were 50 years of age or older upon suspension of your business. This maximum also applies if the payments of the annuity, annuity savings account or annuity investment account take effect immediately after conclusion of the scheme. 104,476 in all other cases You should deduct the following from the above-mentioned (maximum) amount: the value of company and occupational pension entitlements that have been accrued from the profit entitlements to discontinued company benefits and suchlike the balance of the old-age reserve at the beginning of the calendar year the annuity premiums you deducted in 2001 and following years, with the exception of the basic deduction of annuity premiums (through to and including 2002) the amounts deducted previously due to the transfer of suspension profit to an annuity If the remaining amount is negative, you may not deduct an amount.
42
may deduct the premiums in the domestic period in 2008. Tick the box if you want this. The premiums you deduct in the domestic period cannot be deducted again in the period abroad.
48, 49
50, 51
Did you deduct premium payments towards the provision of income, for example for an annuity policy or for periodical benefits in case of invalidity, prior to 1st January 2008? And were these previously deducted premiums refunded in 2008? Or did your annuity scheme, annuity savings account, annuity investment account or occupational pension scheme in 2008 no longer meet the fiscal conditions? In that case, you have negative expenses for the provision of income. You need to state these.
Did you have a substantial interest in a company or cooperative association in 2008? In that case, you need to state the financial gains that resulted from this. There are two possible types of taxable gains you can have:
regular gains, such as dividend and transferred gains, such as profits from the sale of shares.
If you opted for resident taxpayer status for the period you were abroad in 2008
In that case, it concerns the substantial interest in The Netherlands and abroad. You must also state the income that is subject to taxation in another country by virtue of a tax treaty. This does not mean that you need to pay double tax. The fact is that you can request a tax relief. See the explanation for question 89 and 90.
43
If you did not opt for resident taxpayer status for the period you were abroad in 2008
In that case, when answering question 51, only take the substantial interest in The Netherlands into account. It only concerns your own share in the gains from a substantial interest. You must also state the gains from a substantial interest that are subject to taxation in another country by virtue of a tax treaty. This does not mean that you need to pay double tax. The fact is that you can request a tax exemption. See the explanation for question 91. When answering question 50, take the substantial interest both in The Netherlands and abroad into account. The fact that you need to enter your foreign income, does not mean you need to pay double tax. The fact is that you can request a tax relief. See the explanation for question 89.
Tax partner
If you had a tax partner during the whole of 2008, you and your tax partner should both state the total income from a substantial interest and the total of the deductible costs. The difference between this total income and these total costs is the gain from a substantial interest. You may fully or partially state this gain as your own income. The remainder should be stated by your tax partner. You may apportion the gain as you wish, as long as the total is 100%. If you only had a tax partner throughout the domestic period, you may only apportion the gain in the domestic period (for question 50) between yourselves.
No Tax Partner
If you did not have a tax partner, state your own income and deductible costs. The same applies if you had a tax partner during part of 2008 and did not opt to be considered as each others tax partner during the whole of 2008.
Options
In the case of options, it must concern options to acquire a minimum of 5% of the shares. State the number of shares to which the options refer.
Fictitious transfer
In a number of special situations we treat your shares, options, profit-sharing certificates or membership rights as if you had sold them. This is known as a fictitious transfer. This applies if, for example: you are permanently separated and living apart as a result of which you no longer had a substantial interest your shares were transferred to another by law of succession or marital property rights you emigrated you placed your shares with your company you sold shares as a result of which you own less than 5% of the shares you received a liquidation benefit you extended a call option for your shares, profit-sharing certificates or membership rights. Special rules apply to fictitious transfers. Regarding these fictitious transfers you may, in some cases, move the tax on the transfer gains to a later point in time.
No regular gain
Interest resulting from debt claims you or your tax partner had on a company is not considered a regular gain. This interest belongs to the income from providing assets. You state this in question 32 and 33.
44
52
Conservable income
If you emigrated from The Netherlands in 2008, you have to state your conservable income. You have a conservable income if at the moment of emigration you had, for example, a pension or annuity entitlements. A separate assessment is imposed for the conservable income. You do not need to pay this until, for example, your pension or annuity entitlements are transferred or surrendered. In other situations as well, there may be a conservable income, for example upon suspension of your business.
Take note!
If you emigrated from The Netherlands, you always have to fill in this question. We impose a separate assessment for the conservable income: the conservative assessment. This is an assessment for the pension you accrued during your employment in The Netherlands. If you emigrated from The Netherlands and you had pension or annuity entitlements, you will almost always receive a conservative assessment. In this assessment, the interest will also be calculated on the tax advantage you had because of the deduction of your pension premiums. This interest is 20% of the value of the policy. Under certain conditions, a lower percentage applies. If you submit the M-form, we will consider this to be a request for suspension of payment of the conservative assessment. If you receive suspension of payment and for 10 years will comply with the rules that apply to, for example, the pension entitlements, you may receive a waiver of the tax amount of the conservative assessment. In that case, you do not have to pay the assessment.
Take note!
If you emigrated to an EU or EEA member state in 2008, you will unconditionally and automatically receive suspension of payment.
45
Take note!
Do not state here the value of the pension entitlement you stated in question 52a.
We consider the placing as a transfer of the substantial interest. State the transfer gains. If you acquired a substantial interest through marital property rights or succession, you should often state the gains as conservable income. In such cases, call the Foreign Revenue Phone Line: +31 55 538 53 85.
53
Assets
Only for the period in which you lived in The Netherlands
Did you or your underage children have assets in The Netherlands or abroad in 2008? Or was this applicable to your tax partner or your tax partners underage children?
In that case, you have to state their value as assets in box 3: gains from savings and investments. It concerns, for example:
savings shares that are not part of a substantial interest a second house a capital insurance scheme (not a capital insurance scheme for an owner-occupied home, this you state in box 1).
If you opted for resident taxpayer status for the period you were abroad in 2008
In that case, skip the questions 53 through to and including 55 and fill in the questions 56 through to and including 59 for the whole of 2008.
If you did not opt for resident taxpayer status for the period you were abroad in 2008
In that case, fill in the questions 53 through to and including 55 for the domestic period and the questions 56 through to and including 59 for the period abroad in 2008.
Take note!
Do not state here the annuity entitlement you stated in question 52d.
46
No tax partner
If you did not have a tax partner throughout the domestic period, state the total value of your and your childrens assets per the reference date. It concerns children under your authority who were underage on the reference date. The same applies if you had a tax partner during part of the year and did not opt to be considered as each others tax partner during the whole year
company assets capital, such as premises, that you provided to certain people who utilized it for their company. It concerns, for example, your partner or your underage child. Income from this, such as rent, should be stated in box 1 as revenues from providing assets shares and suchlike that were part of a substantial interest. For example, you had a substantial interest if you owned a minimum of 5% of the shares, share options and profit-sharing certificates of a limited company or a public limited company. You should state this income in box 2 as gains from a substantial interest the value of annuity schemes or the rights to periodical benefits for which you previously deducted the premiums property according to the Nature Conservation Act 1928 forests undisturbed grounds tax claims art and scientific artefacts, except if they served primarily as an investment frozen savings balances of 17,025 or less which were part of a salary savings scheme
Assets in box 3
You need to state the following assets in box 3. bank, giro and savings balances shares, bonds, profit-sharing certificates and share options that are not part of a substantial interest other claims and cash your second house and other immovable property the non-exempt part of your social investments the non-exempt part of your investments in venture capital the non-exempt part of your capital insurance schemes entitlements to periodical benefits your share in an undivided property other assets
Savings balances: less than annual addition of interest Assets you do not need to state in box 3
You need not state the following assets in box 3: the owner-occupied home that served as your principal residence. Do not state this either if you had a temporary owner-occupied home, for example, in case of a divorce. You state this income in box 1 in question 36 acquired usufruct of a house by law of succession that was your principal residence in 2008. You state this income in box 1 in question 36 movable assets for private use within the family, for example, your own car or the furniture of your house the saved amount in a life savings scheme
47
part exceeding 17,025. For example, did you have shares that were subject to a salary savings scheme? If so, you should add the value of these shares to your savings balances which came under this scheme. You need to state the part of the total amount that exceeds 17,025. Your tax partner also has an allowance of 17,025 for his salary savings scheme. Tax partners may not transfer these allowances to each other.
The assets in box 3 also include insurances that pay out a capital (lump) sum when alive or upon death. An exemption may apply in such a case. You need not state the following capital insurance schemes in box 3: a capital insurance scheme relating to the owner-occupied home. This is taxed in box 1 at the time of payment a capital insurance scheme which only pays out upon death, for example, a funeral insurance with cash payments or payments in kind) up to a maximum insured capital sum of 6,590 per insured person. If the insured capital exceeds 6,590, you are still entitled to the exemption if the total fair value of the policies does not exceed 6,590. It concerns an insurance that pays out upon your or your tax partners death or the death of a blood relative, such as your children, parents, brothers or sisters and their spouses. If the total amount is higher, the exemption ceases a capital insurance scheme that only pays out upon invalidity, sickness or an accident
Capital insurance scheme(s) which you took out on or before 14th September 1999 (not a capital insurance scheme for an owner-occupied house)
Did you take out one or more capital insurance schemes on or before 14th September 1999? In that case, you need not state anything if the joint value on the reference date was 123,428 or less. If the value was higher, you only need to state the value exceeding 123,428.
48
Was the insured capital amount or the premium increased after 13th September 1999? In that case, you may only use the exemption if the increase took place according to a clause that already existed on 13th September 1999. In any case, the exemption ceases if the term of the insurance was extended after 13th September 1999. Tax partners may transfer the exemption to each other under certain conditions.
usufruct or limited ownership of a savings account (amongst others, bare ownership: you were the owner but were not entitled to interest) usufruct or limited ownership (including bare ownership) of premises, a rural estate, forests or nature reserve. In general, it also concerns bare ownership of a house which serves as the owner-occupied home of the person who has the usufruct according to rights of inheritance your share in an undivided property entitlements to the use of premises for which you paid a business-like fee less than once a year. For example, you paid the rent in advance for five years at a time
Take note!
Most annuity policies and entitlements to periodical benefits that were entered into before 1st January 2001, are completely part of box 1. Do not state the annuity policies or other entitlements to periodical benefits for which you completely deducted the premiums in 2008 or before. If you deducted part of the premiums in the years 2001 through to and including 2008, you need to split the entitlements. The part for which you deducted the premiums, is part of box 1. The part for which you did not deduct the premiums, is part of box 3.
54
Debts
Only for the period in which you lived in The Netherlands
Did you have assets in 2008, such as savings, shares or a second house? In that case, you need to pay income tax on a fixed return on these assets minus your debts. Of the debts, you may only deduct the part that exceeds the threshold of 2,800.
49
debts to finance the purchase of shares (other than shares belonging to a substantial interest), bonds or entitlements to periodical benefits debts to finance a second house or other immovable assets debts according to the Student Finance Act
55
No debts in box 3
You need not state the following debts in box 3: (mortgage) debt for your owner-occupied home that served as your principal residence (owner-occupied home debt) company debts liabilities that are not claimable because you are the longest living spouse current instalments for debts with a term less than one year (dormant) tax liabilities and debts pertaining to premiums for national insurance schemes (including interest for the levy of tax and the collection of tax)
Did you have assets in box 3 in 2008, such as savings, shares or a second house? In that case, your gains from savings and investments are 4% of those assets minus your debts. You need to pay tax on these so-called gains from savings and investments. Of the debts, you may only deduct the part that exceeds the threshold of 2,800. A fixed amount of 20,315 of the assets less the debts is tax-exempt: the tax-free allowance. In certain conditions, the amount of the tax-free allowance is increased with the supplement to the tax-free allowance for underage children and/or the elderly persons allowance.
50
Example
You emigrated from The Netherlands on 15th July 2008. Therefore, you lived in The Netherlands for a period of 6 whole months. Your multiplier is 6/12 x 0.04 = 0.02.
You were not liable to Dutch taxes from 1st February 2008 through to and including 1st July 2008. Your reference dates are 1st July 2008 and 31st December 2008.
56
Assets
For the period in which you lived abroad, or for the whole of 2008
When calculating the gains from savings and investments (in question 58d), you are entitled to the tax-free allowance and possibly the supplement for underage children (question 58f). If you have a spouse or a housemate, you may transfer the tax-free allowance to each other. You may also apportion your assets and debts as if you had a tax partner. See below under Tax partner.
Did you or your underage children have assets in The Netherlands or abroad in 2008? Or was this applicable to your tax partner or your tax partners underage children? In that case, you have to state their value as assets in box 3: gains from savings and investments. It concerns, for example: savings shares that are not part of a substantial interest a second house a capital insurance scheme (not a capital insurance scheme for an owner-occupied home, this you state in box 1)
If you opted for resident taxpayer status for the period you were abroad in 2008
In that case, complete questions 56 through to and including 58 for the whole of 2008. Reference dates are therefore 1st January 2008 and 31st December 2008. When doing so, take your assets and debts in The Netherlands and abroad into account. You must also state assets that are subject to taxation in another country by virtue of a tax treaty. This does not mean that you need to pay double tax. The fact is that you can request a tax relief. See the explanation for question 89 and 90.
If you did not opt for resident taxpayer status for the period you were abroad in 2008
In that case, complete the questions 56 through to and including 58 for the period you lived abroad. You should base your answer(s) on your assets that are subject to Dutch taxes. These are (entitlements to) immovable assets in The Netherlands (questions 56d and 56e) and profit rights to Dutch companies (question 56h). Is your spouse or housemate not your tax partner? In that case, when calculating the gains from savings and investments, you are not entitled to the tax-free allowance. Reference dates are 1st January 2008 or the first day in 2008 you were living abroad (in case you emigrated from The Netherlands) and 31st December 2008, or the last day in 2008 you were living abroad (in case you immigrated to The Netherlands).
Whose assets are you stating? If you opted for resident taxpayer status for the period you were abroad in 2008 Tax partner
Did you have a tax partner for the whole of 2008? In that case, determine the total value of your, your tax partners, your childrens or your tax partners childrens assets per the reference date. It concerns children under your or your tax partners authority who were underage on the reference date. Subsequently, you may apportion each asset between yourself and your tax partner. If, for example, you had more than one savings account, you may apportion each account. When apportioning, it is not relevant whether you, your tax partner, your underage children
Take note!
If you were not liable for taxes for the whole period in which you were abroad in 2008, other reference dates apply to you for the period abroad. As reference dates, you need to the take the beginning and the end of your tax liability in the period abroad in 2008. For example: you lived abroad in 2008 as of 1st February. You bought a second house in The Netherlands on 1st July 2008.
51
or your tax partners underage children were the owner. Neither is it relevant whether you were single, married in community of property or married with a division of property. It makes no difference how you apportion the value between yourself and your tax partner. Any apportionment is acceptable, as long as the total adds up to 100%.
No Tax Partner
If you did not have a tax partner, state the total value of your and your childrens assets per the reference date. It concerns children under your authority who were underage on the reference date. The same applies if you had a tax partner during part of the year and did not opt to be considered as each others tax partner during the whole year.
If you did not opt for resident taxpayer status for the period you were abroad in 2008 Tax partner
Did you have a tax partner? In that case, state the assets of you and your underage children. Were you married in community of property? In that case, state half the value of the joint assets per the reference date. In his tax return, the tax partner states half the joint assets per the reference date. Did you have underage children with assets? In that case, you state half the assets of the child per the reference date.
No Tax Partner
If you did not have a tax partner throughout the domestic period, state the value of your and your childrens assets per the reference date. The same applies if you had a tax partner during part of the year and did not opt to be considered as each others tax partner during the whole year.
Assets in box 3
You need to state the following assets in box 3: bank, giro and savings balances shares, bonds, profit-sharing certificates and share options that are not part of a substantial interest other claims and cash your second house and other immovable property the non-exempt part of your social investments the non-exempt portion of your investments in venture capital the non-exempt part of your capital insurance schemes entitlements to periodical benefits other assets your share in an undivided property
52
53
If the annual premium was 2,269 or less, you need not state the value of the entitlement. You do need to state the benefits resulting from the entitlements at questions 48 and 49 as soon as the benefits exceed the premiums you paid If this premium amount is more than 2,269 per year, you only need to state the value of the part of the entitlement resulting from the premiums in excess of 2,269
Capital insurance scheme(s) which you took out on or before 14 September 1999 (not a capital insurance scheme for an owner-occupied house)
Did you take out one or more capital insurance schemes on or before 14 September 1999? In that case, you need not state anything if the joint value on the reference date was 123,428 or less. If the value was higher, you only need to state the value exceeding 123,428. Was the capital amount insured or the premium increased after 13 September 1999? In that case, you may only use the exemption if the increase took place according to a clause that already existed on 13 September 1999. In any case, the exemption ceases if the term of the insurance was extended after 13 September 1999. Tax partners may transfer the exemption to each other under certain conditions.
Take note!
Most annuity policies and entitlements to periodic benefits that were entered into before 1 January 2001, are completely part of box 1. Do not state the annuity policies or other entitlements to periodic benefits for which you completely deducted the premiums in 2008 or before. If you deducted part of the premiums in the years 2001 through to and including 2008, you need to split the entitlements. The portion for which you deducted premiums, is part of box 1. The portion for which you did not deduct premiums, is part of box 3.
Entitlements to a periodical benefit which was entered into on or before 13 September 1999
Are you entitled to a periodical benefit under an insurance which you entered into on or before 13 September 1999? If you did not increase the premium for these entitlements after 13 September 1999, you do not always need to state the value or the full value of the entitlements. This depends on the premium amount you paid after that date and are not allowed to deduct, or did not deduct:
54
57
Debts
For the period you were living abroad, or for the whole of 2008
58
Did you have assets in 2008, such as savings, shares or a second house? In that case, you need to pay income tax over a fixed return on these assets minus your debts. If you opted for resident taxpayer status, you may only deduct debts exceeding a threshold of 2,800. Supplementary rules apply if you had a tax partner. If you did not opt for resident taxpayer status, the threshold does not apply to you in the period abroad.
Take note!
Only state the debts belonging to the assets which you stated in question 56.
Did you have property in box 3 in 2008, such as savings, shares or a second house? In that case, your gains from savings and investments are 4% of those assets minus your debts. You need to pay tax on these so-called gains from savings and investments. Of the debts, you may only deduct the part that exceeds the threshold of 2,800. A fixed amount of 20,315 of your assets less the debts is tax-exempt: the tax-free allowance. On certain conditions, the amount of the tax-free allowance is increased with the supplement of the tax-free allowance for underage children and/or the elderly persons allowance.
No debts in box 3
You need not state the following debts in box 3: (mortgage) debt for your owner-occupied home that served as your principal residence (owner-occupied home debt) company debts debts that are not claimable because you are the longest living spouse current instalments on debts with a term less than one year (dormant) tax liabilities and debts pertaining to premiums for national insurance schemes (including interest for the levy of tax and the collection of tax)
If you were residing in Surinam, The Netherlands Antilles or Aruba or you were subject to the 90% ruling as a German resident in 2008
If you had a spouse or housemate, you may transfer your tax-free allowance to your spouse or housemate. It is also possible for your spouse or housemate to transfer his tax-free allowance to you.
If you were residing in Belgium and did not opt for resident taxpayer status in 2008
If you had a spouse or housemate, you may transfer your tax-free allowance to your spouse or housemate. It is also possible for your spouse or housemate to transfer his/her tax-free allowance to you. For the tax-free allowance you need to take the pro-rata ruling into account. This enables you to determine the Dutch tax-free allowance in relation to your Dutch taxable income. (See the Calculation tool for the pro-rata ruling for Belgian residents on page 11).
55
If you did not opt for resident taxpayer status during the period you were living abroad in 2008
The fixed capital yield in the period you were living abroad in 2008 can be calculated as follows: multiply 0.04 by the number of full months that you were living abroad in 2008 and divide the outcome by 12.
Tax partner
If you had a tax partner throughout 2008, the elder tax partner may be entitled to the supplement. However, the elder tax partner may transfer his/her supplement to the other partner. In this case, you will need to make a joint request. You can make the joint request by both signing the front page of your tax return.
Example
On 15 June 2008 you emigrated from the Netherlands. You were therefore living abroad for 6 full months. Your multiplier is 0.04 x 6/12 = 0.02. If you were not subject to taxes throughout the period abroad, you have to multiply 0.04 by the number of months during the period abroad you were subject to Dutch taxes and divide the result by 12.
Example
On 15 April 2008 you emigrated from the Netherlands. You bought a second house in The Netherlands on 15 September 2008. This made you a resident tax payer in 2008 for 3 full months during the period abroad. Your multiplier is 0.04 x 3/12 = 0.01.
59
If you stated foreign savings balances, shares, bonds or claims in question 53, you may have to specify these amounts in this question.
Tax partner
If you had a tax partner throughout 2008, you may transfer your elderly persons allowance to your tax partner. This is also possible if your tax partner has no elderly persons allowance himself/herself. If your tax partner has an elderly persons allowance, he or she may also transfer this allowance to you, even if you do not have an elderly persons allowance. In that case, one of you will have an elderly persons allowance of 0. You and your tax partner need to opt for this together. You can do this by having your tax return signed by your tax partner too. Is your tax partner also filing a tax return? In that case, this must also be signed by both of you.
For question 58j Your tax return and data exchange If you opted for resident taxpayer status during the period you were living abroad in 2008
Your multiplication factor is 0.04. The following countries, dependent territories or associated territories exchange data: Aruba, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Malta, Montserrat, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.
56
Do you own bank, giro or savings balances, bonds, claims, shares in some collective investment institutions or suchlike in any of these countries or territories? In that case, add up the value of these assets. You have stated these assets in questions 53a, 53b, 53c and 53h. State the total value on the reference dates, i.e. the first and last day of the domestic period.
you may also deduct the amount for the notional rental value you stated for this property, as alimony.
Tax partner
Did you have a tax partner throughout 2008? In that case you have to add up the alimony and other maintenance obligations paid by yourself and your tax partner. You may subsequently apportion the deductible amount between yourself and your tax partner. Any apportionment is acceptable, as long as the total adds up to 100%. This also applies if you were residing in Belgium, Surinam, The Netherlands Antilles or Aruba or, as a German resident, you were subject to the 90% ruling. See page 14. If you only had a tax partner for the whole domestic period, you are only entitled to apportion the deductible amount in the domestic period (in question 60) between yourselves.
Take note!
You need not complete this question: if a withholding tax was applied (see question 85b) if you received a statement to prevent withholding tax to be applied by the Dutch Tax Administration Did you request your financial institution to exchange data to prevent a withholding tax to be applied? In that case you should complete this question.
60, 61
No Tax Partner
If you did not have a tax partner, you should only deduct your own expenses. The same applies if you had a tax partner during part of 2008 and did not opt to be considered as each others tax partner throughout 2008.
If you are divorced or were permanently separated and living apart, you may have to pay alimony.
If you were residing in Belgium and did not opt for resident taxpayer status in the period abroad
In that case, you may not deduct the complete amount you calculated in question 61. This amount will decrease because you need to multiply it by a factor that you can determine with the Calculation tool for the pro rata ruling for Belgium residents on page 11.
Take note!
Alimony for the maintenance of your children is not deductible. You may be eligible for the deduction of expenses for maintaining children younger than 30 years of age (see question 62 or 63).
62, 63
Did you have a child in 2008 who was younger than 30 years of age and who was not able to provide for himself and for whom you received no child benefit? And did that child not receive a students grant or a compensation for study costs? In that case, you may deduct expenses for the cost of living on certain conditions. Maintenance expenses relate to the expenditure for the necessities of life, such as clothing and food.
Take note!
Only complete question 63 if, during the period abroad in 2008: you opted for resident taxpayer status or you were residing in Belgium, Surinam, The Netherlands Antilles or Aruba or as a German resident, you were subject to the 90% ruling
57
If you were residing in Belgium and did not opt for resident taxpayer status for the period abroad
In that case, in question 63 you may not deduct the complete amount you calculated with the Calculation tool to determine the deductible for the maintenance of children. This deductible amount will decrease because you need to multiply it by a factor that you can determine with the Calculation tool for the pro rata ruling for Belgium residents on page 11.
at least 400 per quarter 285 at least 400 per quarter 345 at least 400 per quarter 405 at least 400 per quarter 345 a portion of more than 50% of 690 the total costs and at least 690 per quarter 90% or more contributrion in total 1.035 costs and at least 1.035 per quarter
64, 65
If you took care of a seriously disabled person of 27 years or over at home, whilst he/she usually resided in an AWBZ centre, you incurred additional expenses. You can deduct these additional expenses as a personal allowance.
Take note!
Only complete question 65 if, during the period abroad in 2008: you opted for resident taxpayer status or
58
you were residing in Belgium, Surinam, The Netherlands Antilles or Aruba; or as a German resident, you were subject to the 90% ruling You are entitled to a deduction for: your seriously disabled children your seriously disabled brothers or sisters Someone who was appointed as a mentor to a seriously disabled person by a court of law is also entitled to the deduction.
only apportion the deductible amount in the domestic period (in question 64a) between yourselves.
No tax partner
If you did not have a tax partner, only calculate the deductible amounts to which you are entitled yourself. You should also do so if you had a tax partner for part of 2008. If you both meet the conditions for deduction for a weekend visit, and you both wish to deduct an amount, you should each deduct half of the deductible amount. Calculation tool for the deductible amount for weekend visits For the period you were living in The Netherlands Number of days the seriously disabled person stayed with you when you were living in The Netherlands x9= Number of kilometres driven during the period you were living in The Netherlands Add: Total expenses Any reimbursements received Deduct: A min B Deductible amount for the period you lived in The Netherlands
x 0,20 =
A B
State the amount for apportion to yourself in question 64a in your tax return
x 0,20 =
A B
If you were residing in Belgium and did not opt for resident taxpayer status
In that case, you may not deduct the complete amount you calculated with the Calculation tool to determine the deductible for a weekend visit in question 65. This amount will decrease because you need to multiply it by a factor that you can determine with the Calculation tool for the pro rata ruling for Belgium residents on page 11.
State the amount for apportion to yourself in question 65a in your tax return
Tax partner
If you had a tax partner throughout 2008, you should first determine the joint deduction for weekend visits. You may apportion the deductible amount as you wish between yourself and your tax partner, as long as the total adds up to 100%. Were you residing in Belgium, Surinam, The Netherlands Antilles or Aruba? Or, as a German resident, were you subject to the 90% ruling? In that case, you can still be tax partners if you do not opt for resident taxpayer status. See page 14. If you only had a tax partner for the whole domestic period, you may
59
66, 67
normal circumstances, he/she would be dependent on assigned professional help or care in a care centre or nursing home.
Take note!
An additional condition to your expenses for people other than yourself and your tax partner is that they are unable to pay for these expenses themselves. The following states which expenses you may include to determine your deductible amount for 2008. In doing so, you can use the calculation tool on pages 64 and 65.
If you had expenses relating to sickness, disability, child birth, adoption, old age or death in 2008, you may be entitled to a deductible for medical expenses or other extraordinary expenses. This includes, for example, the supplementary healthcare insurance premiums, but also expenses incurred for a visit to the general practitioner and prescribed medicines. In addition, you may include a fixed amount if you are 65 years of age or over or if you are occupationally disabled. We distinguish medical expenses or other extraordinary expenses into: general expenses specific expenses fixed deduction for expenses due to a chronic illness other expenses Of the total expenses, you may only deduct the part that exceeds a certain threshold.
Take note!
Only complete question 67 if, during the period abroad in 2008: you opted for resident taxpayer status; or as a German resident, you were subject to the 90% ruling
Not deductible
Expenses for the prevention of sickness, such as vitamins or a physical check for sports, are (usually) not deductible.
General expenses
The following expenses are considered as general expenses: premiums for supplementary health care insurance the fixed deduction for persons over 65 years of age a fixed deduction for occupational disability
60
Calculation tool for the deductible amount for maintenance of children Tax partner
If you had a tax partner throughout 2008, add up the deductible amounts for maintenance of children under 30 years of age of you and your tax partner. Together you can only deduct the total fixed amount once per child. The deductible amount may be apportioned between yourself and your tax partner as you deem fit, as long as the total adds up to 100%. This may also apply if you were residing in Belgium, Surinam, The Netherlands Antilles or Aruba, or, as a German resident, were subject to the 90% ruling. See page 15. If you only had a tax partner for the whole domestic period, you may only apportion the deductible amount in the Dutch period (for question 62a) between yourselves. For the period in 2008 that you were a Dutch resident Reproduce the amounts from the Table of quarterly amounts for maintenance of children. Only state the deductible amounts for the period that you were residing in The Netherlands. Quarter First quarter Second quarter Third quarter Fourth quarter Child 1 Child 2
No tax partner
If you did not have a tax partner, you only calculate the deductible amounts that you are entitled to. This also applies if you had a tax partner during part of 2008 and did not opt to be each others partner throughout 2008. If both of you meet the conditions for deduction and both of youallebei wish to deduct an amount, you should each deduct half the deductible amount. Add Add: A plus B Deductible amount for the period in 2008 you were residing in The Netherlands
+
A B
State the amount you apportion to yourself in question 62a in your tax return
If you emigrate or immigrate within a quarter: domestic period or period abroad in 2008?
You must apportion the fixed quarterly amount in proportion to time to the Dutch period and the period abroad in 2008. In that case, you must, for that quarter in your period abroad in 2008: have opted for resident taxpayer status; or lived in Belgium, Surinam, The Netherlands Antilles or Aruba; or; as a German resident, you were subject to the 90% ruling If you do not meet these conditions, you are not entitled to deduction throughout that quarter.
+
A B
State the amount you apportion to yourself in question 63a in your tax return
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If you had a tax partner throughout 2008 who also met these conditions, you may also include an amount of 821 for that partner. The fixed deductible for persons over 65 years of age, occupational disability and chronic illness must be apportioned between the domestic period and the period abroad. The apportionment is the same as for the expenses in the domestic period when compared to those in the period abroad.
your personal contributions. These are the total costs minus the net personal budget. As of 1 January 2008, home help via the AWBZ is subject to the Social Support Act (Wmo). You may also include your own contribution for this domestic help, for instance home help.
Medical Aids
You may include expenses for medical aids. Medical aids are facilities or apparatus that enable you to perform normal physical activities which would not be possible without the use of a medical aid. Examples of expenses for medical aids are: spectacles and contact lenses (including cleaning fluids) arch supports hearing aids dentures and prostheses guide dog for the blind wheelchair, crutches, wheeled walker and a lift for the stairs maintenance, repair and insurances of these medical aids
Example
Expenses in the domestic period without a fixed deductible 3.000 Expenses in the period abroad without a fixed deductible 1.000 + Total 4.000 Fixed deductible: 821 Domestic period: 3/4 x 821 = 615. Period abroad: 1/4 x 821 = 206.
Specific expenses
Do you have specific expenses? You may be eligible to an increase of the total amount of your specific expenses up to 113%. Possibly, you are entitled to a fixed deduction for expenses pertaining to a chronic illness. Specific expenses include expenses for: prescribed medicines home pharmacy care or nursing medical aids modifications to a home other modifications transport of a sick or disabled person diet prescribed by a doctor additional home help additional expenses for clothing and bed linen
Modifications to a house
You may include expenses for adjustments to a house. This could be an adjustment to your owner occupied property, a rented house, a caravan or a houseboat. It concerns the part of the costs not eligible for reimbursement. The modifications should have been made on a medical prescription, due to a physical restriction.
Other modifications
Under certain conditions, modifications other than those made to a house may also be included. This concerns items predominantly used by sick or disabled persons and that were especially fitted for the illness or handicap. For example, certain adjustments to a car. You may not include the following expenses: extra rent for a modified house energy and heating costs for the house increased wear and tear of furniture and carpeting, for example due to the use of a wheelchair modified carpeting a move to a care centre and the furnishing of the new living space a telephone subscription or telephone calls
Prescribed medicines
You may include the costs of medicines that were prescribed by a doctor, and which are regarded as medicines by Dutch doctors. These may also include homeopathic medicines.
Home pharmacy
You may deduct a fixed amount of 23 per person per year for your home pharmacy (such as aspirins, laxatives, plasters and bandages). If, for example, you were married and sustaining a child younger than 27 years of age, you may therefore include 3 x 23 = 69.
Care or nursing
If you received care in a care centre or nursing home that fell under the Exceptional Medical Expenses Insurance Act (AWBZ), you may deduct 25% of the compulsory contribution payable under the AWBZ. Most care centres, nursing homes, mental healthcare institutions and institutions for the physically and mentally disabled, fall under the Exceptional Medical Expenses Insurance Act. If you received nursing at home, you may take into account your own AWBZ contribution. If you resided in a centre that was not subject to the AWBZ, different rules apply. You can contact the centre about this. In this case you may not include the expenses as specific expenses, but you can include them as other expenses. Did you have a personal budget? In that case, you may deduct
62
prove that the extra expenditure exceeded 600? In that case, you can deduct 750. The amounts are applicable per person and for a whole year. If, for example, you incurred additional expenses as of 1st October 2008, you should take 3/12 of the deductible amount.
Chronic illness
You can include a fixed amount for expenses due to a chronic illness of 821 if you meet all of the following conditions: You were younger than 65 years of age on 31st December 2007 You were not entitled to the fixed deduction for occupational disability You spent more than 325 in 2008 on so-called specific expenses It concerns the actual expenses, i.e. before the increase by 113% (see Increase of the specific expenses). Did you have a tax partner throughout 2008 who also met these conditions? In that case, you may also include 821 for that tax partner. Furthermore, the fixed deduction applies to each child on the following conditions: The child was younger than 27 years of age on 31 December 2007 You or your tax partner spent more than 325 on specific expenses for the child in 2008 You or your tax partner were maintaining the child for a minimum of 400 per quarter. You or your tax partner were entitled to child benefit (or a comparable foreign benefit) for the child
Other expenses
Your threshold income is the total of your income and deductible items in box 1, 2 and 3, but without your personal allowance. If you had a tax partner throughout 2008, take your and your tax partners joint threshold income. In order to determine your threshold income you can use the Calculation tool to determine the threshold income on page 63. Other expenses include expenses for: medical assistance nursing travelling expenses to visit a sick person childbirth and maternity assistance a funeral or cremation adoption.
Medical assistance
You can include expenses for: the general practitioner, the physiotherapist, the dentist or a specialist nursing in a hospital or other nursing facility paramedical treatment by or under supervision of a doctor. For example: acupuncture, rehabilitation, logopedics, homeopathy or chiropractics
Take note!
If your tax partner is sick or disabled and has passed away, you may only include expenses for additional home help after the death if you also had home help due to sickness or disability before the death. You may include your expenses up to and including the month of death together with the three subsequent months.
Nursing
This includes expenses for nursing that cannot be classified as specific expenses (see Care or nursing on page 60). For example, nursing that is not subject to the Exceptional Medical Expenses Insurance Scheme or the personal budgets.
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You visited the sick person frequently in 2008. The sick person was nursed for more than a month. Was the sick person nursed more than once a year? In that case, you may only deduct the travelling expenses if the total period in which the sick person was nursed exceeded a month and if nursing was always because of the same sickness. In addition, the breaks in between the nursing periods may not exceed four weeks The one way distance between your house and the place where the nursing took place (determined by the most common route) is more than ten kilometres. You may include expenses for: travel by car. You may include a fixed amount of 0.20 per kilometre travel by taxi, public transport or in a different way You may include the actual expenses
Threshold
You can only deduct expenses exceeding a certain threshold amount. The height of this threshold depends on your threshold income. Your threshold income is the total of your income and deductible items in box 1, 2 and 3, but without your personal allowance. See Calculation tool to determine the threshold income.
Funeral or cremation
On certain conditions you may include expenses for a funeral or cremation as extraordinary expenses. You may not include more than what is usual for a funeral or cremation. And you may only include the part of the expenses that are proportionate to your share of the civil inheritance. So if, for example, you are entitled to one third of the inheritance, you can include a maximum of one third of the expenses for the funeral or cremation. You can deduct more if you were morally obliged to pay a larger part of the costs. A condition is, however, that you do not recover the costs from the other heirs. Reimbursements by, for example, an insurance company should be deducted from the expenses. A higher deduction is not possible in case of a statutory distribution by law of succession. You may include expenses you made for the death of your tax partner, your child or your tax partners child. A condition is, however, that those children were younger than 27 years of age. Expenses you made for yourself whilst alive, such as premiums for a funeral or cremation insurance in kind, can also be included. Expenses made after the death can only be included for a tax partner. You may not include expenses for, for example your parents (in law), brother or sister.
Tax partner
If you had a tax partner throughout 2008, you should add up the medical costs and other extraordinary expenses incurred by yourself and your tax partner. In determining the threshold, you need to add your and your tax partners threshold income together. You can divide the amount to be deducted as you wish, as long as the total is 100%. This also applies if you, as a German resident, were subject to the 90% ruling. See page 14. If you only had a tax partner throughout the domestic period, you can only apportion the deductible amount in the domestic period (for question 66) between yourselves.
No Tax Partner
If you did not have a tax partner in 2008, only calculate the deductible amounts to which you are entitled yourself. The same applies if you had a tax partner during part of 2008 and did not opt to be considered as each others tax partner throughout 2008.
Adoption
If you or your tax partner made any expenses for an adoption in 2008, you may be able to include these expenses as extraordinary expenses. For example, expenses relating to the adoption request and obtaining a judges verdict in court. You may include your or your tax partners expenses.
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65
Calculation tool deductible medical costs or other extraordinary expenses For the period in 2008 you were residing in The Netherlands
General expenses Premium for your supplementary health care insurance Fixed deduction for persons over 65 years of age Fixed deductible for occupational disability Add Total of the general expenses Specific expenses Home pharmacy ( 23 per person) Prescribbed medicines Care or nursing Medical Aids Modification to a house and other modifications Transportt for a disk or disabled person Diet prescribed by a doctor Additional home help Additional expenses for clothing and bed linen Add up Specifics expenses Additional specific expenses: Is your threshold income not higher than 31.589? In that case, state 113% of the specific expenses (amount A above) Add Total of the specific expenses
A
Fixed deduction for expenses due to a chronic illness Do you, your tax partner or a child have more than 325 of specific expenses (see A) and were you, your tax partner or this child not entitled to the fixed deduction for persons over 65 years of age or for occupational disability? In that case, enter here 821 per person who meets the conditions Other expenses Medical care Nursing Travelling expenses to visit a sick person Childbirth and maternity care Funeral or cremation Adoption Add Total other expenses Add Total of medical expenses or other extraordinary expenses Threshold Divide B by the total of B and E and multiply the result with N from the calculation on page 63 Deduct: B minus C Deductible amount for medical costs or other extraordinary expenses
B C
+ +
66
Calculation tool deductible medical costs or other extraordinary expenses For the period in 2008 you were residing abroad
General expens Premium for your supplementary health care insurance Fixed deduction for persons over 65 years of age Fixed deductible for occupational disability Add Total of the general expenses Specific expenses Home pharmacy Prescribed medicines Care or nursing Medical Aids Modifications to a house and other modifications Transport for a sick or disabled person Diet prescribed by doctor Additional home help Additional expenses for clothing and bed linen Add up Specific expenses Additional specific expenses: Is your threshold income not higher than 31.589? In that case, state 113% of the specific expenses (amount A above) Add Total of the specific expenses
D
Fixed deduction for expenses due to a chronic illness Do you, your tax partner or a child have more than 325 per person of specific expenses (see A) and were you, your tax partner or this child not entitled to the fixed deduction for persons over 65 years of age or for occupational disability? In that case, enter here 821 per person who meets the conditions Other expenses Medical care Nursing Travelling expenses to visit a sick person Childbirth and maternity care Funeral and cremation Adoption Add Total other expenses Add Total of medical expenses or other extraordinary expenses Threshold Divide E by the total of B and E and multiply the result with N from the calculation on page 63 Deduct: E minus F Deductible amount for medical costs or other extraordinary expenses
E F
+ +
67
68, 69
Calculation tool to determine the deductible amount for study costs or other educational expenses Tax partner
Did you have a tax partner throughout 2008? In that case, add your deductible study costs and other educational expenses. It concerns the deductible expenses which you and your tax partner paid for your study. You have to deduct the threshold of this amount. If your tax partner also had study costs, add his deductible study costs and other educational expenses as well. It concerns the deductible expenses which you and your tax partner paid for his study. You have to deduct the threshold of this amount. You may apportion the deductible amount for question 68a and 69a as you wish between yourself and your tax partner, as long as the total adds up to 100%. If you only had a tax partner throughout the domestic period you can only apportion the deductible amount in the domestic period (for question 68a) between yourselves.
Were you following a course or were you studying for your future profession in 2008? In that case, you may deduct the related expenses, such as tuition fees and expenses for books, as a personal allowance.
Take note!
Only complete question 69 if, during the foreign period in 2008: - you opted for resident taxpayer status; or, - as a German resident, you were subject to the 90% ruling
No Tax Partner
You had no tax partner? In that case, you should only deduct your own expenses. The same applies if you had a tax partner during part of 2008 and did not opt to be considered as each others tax partner throughout 2008. You have to deduct the threshold from your expenses. Study costs or other educational expenses Minus: Reimbursement Deduct Minus: Threshold Deduct Deductible amount for study costs or other educational expenses 500
Take note!
Separate rules apply to the calculation of the deductible for studies that are subject to the Students Grant Act of 2000.
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70, 71
72, 73
Did you grant a loan to a starting entrepreneur in the Netherlands and did you waive this loan? If so, you may deduct the amount of the loan as a personal allowance under certain conditions.
Did you own a registered or listed building in 2008? And did you have costs for maintenance of that building during that year? Under certain conditions these costs may be deducted. This may concern a building that was your owner-occupied home or a building that was part of your assets in Box 3. If it concerned a registered or listed building that was your owner-occupied home, apart from maintenance costs, other costs and depreciation costs can also be deducted.
Take note!
Only complete question 73 if you opted for resident taxpayer status during the period abroad in 2008.
Take note!
Only complete question 71 if you opted for resident taxpayer status during the period abroad in 2008.
Take note!
Had you not yet received a notice from us in 2008 stipulating that the entrepreneur is unable to repay the waived amount? In that case you can deduct the waived amount in the year in which you receive the notice.
Tax partner
If you had a tax partner throughout 2008, you should first determine the deduction per tax partner. In doing so, you should take the maximum deduction per tax partner into consideration. If you have waived more than the maximum, you may not transfer the remainder to your tax partner. Subsequently, you should determine the joint deduction. You may apportion the deductible amount as you wish between yourself and your tax partner, as long as the total adds up to 100%. If you only had a tax partner throughout the domestic period you can only apportion the deductible amount in the domestic period (for question 72a) between yourselves.
No Tax Partner
If you did not have a tax partner, you deduct your own waivers. The same applies if you had a tax partner during part of 2008 and did not opt to be considered as each others tax partner throughout 2008.
69
74, 75
Donations
Did you donate money to a religious or social institution, or a charity in 2008? If so, you may deduct these donations as a personal allowance on certain conditions. You may also include, on certain conditions, costs you incurred for such an institution. There are ordinary donations and periodical donations. Other conditions apply to periodical donations, i.e. donations you have registered with a civil law notary.
Take note!
Only complete question 75 if, during the foreign period in 2008: you opted for resident taxpayer status.
Take note!
As from 1 January 2008, only ordinary donations to an ANBI (Public Benefit Organization) are deductible. In addition, periodical donations to an ANBI are deductible, as well as periodical donations to an association that is not an ANBI. An ANBI is a religious, ideological, charitable, cultural, scientific or public benefit organization, designated as such by us. At www.belastingdienst.nl you can see whether an organization has been designated as ANBI. The requirement that organizations be established in The Netherlands has been cancelled as from 1st January 2008. The organization must be established in EU member states, The Netherlands Antilles, Aruba or a designated power.
Take note!
Ordinary donations to an association can only be deducted if the association is an ANBI.
Non-declared costs
Did you incur costs for an ANBI in 2008? In that case, you may include these costs as being a donation, if you could have declared them with this organization, but did not. You may include a fixed amount of 0.20 per kilometre for non-declared car costs. For taxi costs, you may include the actual costs.
70
No tax partner
If you did not have a tax partner, deduct your own donations. This . also applies if you had a tax partner during a part of 2008 and did not opt for a tax partner throughout 2008
State the amount you apportion to yourself for question 74e of your tax return
+
For the period during 2008 that you were residing abroad
1% x
S
Ordinary donations for the period you were residing abroad Threshold for the period you were residing abroad Divide T by the total of L and T and multiply the result by S Deduct. If the outcome is negative, enter 0 Deductible amount Copy from V, but do not enter more than 10% of the amount at R next to this, multiplied by T and divided by the total of L and T Periodical donations by deed for the period you were residing abroad Add: W plus X Deductible amount for donations for the period that you were residing abroad
State the amount you apportion to yourself for question 75e of your tax return
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76,77
If you only had a tax partner throughout the domestic period you can only apportion the deductible amount in the domestic period (for question 76a) between yourselves.
No Tax Partner
If you did not have a tax partner, you deduct your own remainder of the personal allowance. The same applies if you had a tax partner during part of 2008 and did not opt to be considered as each others tax partner throughout 2008.
If you were unable to completely balance your personal allowance in 2001 through 2007 with your income, you may deduct the remainder in 2008. The personal allowance you deducted in a previous year may not be deducted again.
Take note!
Only complete question 77 if, during the foreign period in 2008: you opted for resident taxpayer status; or if you were residing in Belgium, Surinam, The Netherlands Antilles or Aruba; or you were subject to the 90% ruling as a German resident in 2008 The personal allowance consists of: alimony or other maintenance obligations expenses for the maintenance of children medical or other exceptional expenses expenses for a weekend visit of a seriously disabled person study costs or other educational expenses costs for a registered or listed building losses on investments in venture capital donations
78
Did you have an income in the Netherlands and abroad from labour and property in 2008 that was less than 6,520? And you had the same tax partner for more than six months in 2008? In that case, you may be eligible for a general tax credit refund.
Take note!
Only complete this question if you: were liable for premium payments for the national insurance schemes; and/or if you opted for a resident tax payer status during the period you were living abroad in 2008; or if you were residing in Belgium, Surinam, The Netherlands Antilles or Aruba; or as a German resident, you were subject to the 90% ruling Were you residing in Belgium and did you not opt for resident taxpayer status? In that case, you must have had income in your foreign period in 2008 that was taxed in The Netherlands to be entitled to the increase and payment of your general tax refund. The general tax credit was refunded to you during 2008 by means of a provisional refund or will be refunded after 2008 by means of the final tax assessment. If you received the general tax credit by means of a provisional refund in 2008, this question does not apply to you.
Tax partner
If you had a tax partner throughout 2008, you may apportion the remainder of the personal allowance with your tax partner. You may apportion the deductible amount as you wish, as long as the total is 100%. Were you residing in Belgium, Surinam, The Netherlands Antilles or Aruba? Or, as a German resident, were you subject to the 90% ruling? In that case, you can still be tax partners if you do not opt for resident taxpayer status. See page 14.
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We only take this into account when imposing the final tax assessment. Therefore, it could happen that you receive a refund of the general tax credit from the provisional assessment, but are required to return (part of) it after the final tax assessment. This is the case if, on determining the final assessment, it is apparent that your tax partner does not owe enough tax. You can determine roughly whether your tax partner owes enough tax with the diagram for question 78 in the tax return form. If you do not yet know your partners income, please make an estimate.
We calculate the amount to be refunded on the basis of your tax return and your tax partners information. You will receive notice about this.
Take note!
Were you younger than 30 years of age on 31st December 2007? And were you supported in large by your parents for more than six months in 2008? In that case, you are not eligible for a tax credit refund. Support in large means: at least 400 per quarter.
79
Were you not insured by the Dutch national insurance schemes in 2008 and was your joint income from labour and property in the Netherlands and abroad less than 6,520? And you had the same tax partner for more than six months in 2008? In that case, you may be eligible for a special increase of your tax credit.
Take note!
You are only eligible for the special increase of your tax credits if, for the period abroad in 2008, you: opted for resident taxpayer status; or lived in Belgium, Surinam, The Netherlands Antilles or Aruba; or as a German resident, were subject to the 90% ruling If, in 2008, you were residing in Belgium, Surinam, The Netherlands Antilles or Aruba, or as a German resident, were subject to the 90% ruling, your spouse or housemate can be considered as your tax partner for this ruling. See page 14. Were you residing in Belgium and did you not opt for resident taxpayer status? In that case, you must have had Dutch taxable income in 2008 during the period abroad in order to be eligible for the increase and refund of your tax credit.
Example 1
You have no tax partner. Your wages are 4,000. The tax on this amounts to 1,344. The general tax credit is 2,074 and the employed persons tax credit is 71. Total 2,145. You can offset a maximum of 1,344 for tax credit: the amount of calculated tax. The remainder of the tax credit ( 801) cannot be offset. We will not refund this amount.
Example 2
As in example 1, but now you do have a tax partner. Your tax partner has an income of 8,000. The tax on this amounts to 2,688. The general tax credit is 2,074 and the employed persons tax credit is 141.Total 2,215. Your tax partners payable tax is 2,688 minus 2,215 = 473. Your tax credit is 2,145 (see example 1). Of this, 1,344 is offset against your payable tax.An amount of 801 remains. Because you have a tax partner, the maximum of what your tax partner owes is refunded to you. In this example, that amounts to 473.
Example 3
As in example 2, only your tax partner has an income of 50,000. The tax on this amounts to 19,501. The general tax credit is 2,074 and the employed persons tax credit is 1,443. Total 3,517. Your tax partners payable tax is 19,501 minus 3,517 = 15,984. Your tax credit is 2,145 (see example 1). Of this, 1,344 is offset against your payable tax. An amount of 801 remains. Because your tax partner owes more tax than 801, an amount of 801 is refunded to you.
73
Take note!
Were you residing in Belgium, Surinam, The Netherlands Antilles or Aruba? Or, as a German resident, were you subject to the 90% ruling? And did you not opt for resident taxpayer status for the period abroad? In that case, follow the diagram for question 79 as if you had opted for resident taxpayer status. You therefore need to take your joint income in The Netherlands and abroad into account.
80
Tax partner
Did you or your tax partner have children younger than 27 years of age who were part of your household in 2008? In that case, you or your tax partner may be entitled to tax credits.
Did you have a tax partner in 2008, and was your and your partners income from present employment equally high? In that case, the supplement to the combination tax credit only applies to the elder partner. Regarding the supplement to the combination tax credit, tax partner also refers to: the person with whom you entered into a cohabitation contract before a civil-law notary the person registered as your partner in view of a pension scheme the person with whom you shared an owner-occupied home (principal residence) and who was (jointly) liable for a debt secured on the property (such as a mortgage debt) the person with whom you were living together at the same address in 2008 as a single person (not an immediate blood relative, such as a parent or child ) and who meets the conditions for tax partnership, but did not opt for this. If you can present a reasonable case that there is not a permanent joint household, you need not include this person Were you residing in Belgium, Surinam, The Netherlands Antilles or Aruba? Or, as a German resident, were you subject to the 90% ruling? In that case, you can still be tax partners if you do not opt for resident taxpayer status. See page 14.
Take note!
Only complete this question if you: were liable for premium payments for the Dutch national insurance schemes; and/or opted for resident taxpayer status for the period abroad in 2008; or lived in Belgium, Surinam, The Netherlands Antilles or Aruba; or as a German resident, were subject to the 90% ruling You may be entitled to the following tax credits: combination tax credit supplementary combination tax credit single parent credit supplement to the single parent credit parental leave tax credit If you were residing in Belgium and did not opt for resident taxpayer status, you should have had Dutch taxable income in 2008 in order to be eligible for parental tax credits.
Tax partner
Did you have a tax partner in 2008? In that case, you and your tax partner are both entitled to the combination tax credit if you both meet the conditions.
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in 2008 and this child was younger than 16 on 31st December 2007 During this period, this child was registered at your home address The supplement to the single parent credit is 4.3% (or approximately 2.01% if you were 65 or older) of your income from present employment (wages, profits, or for example, income from freelance work). The supplement to the single parent credit is no more than 1,459 (or 683 if you were 65 years of age or older). Use the Calculation tool to determine the employed persons tax credit and the Calculation tool to determine the supplement to the single parent credit on page 86 to calculate your supplement to the single parent credit.
If you do not opt for resident taxpayer status, you need to take your joint Dutch and foreign income, deductible items and assets in order to determine your aggregate income. The elderly persons tax credit is 486. When completing the tax return, we automatically take this credit into account. You need not state anything for this in your tax return.
Calculation tool to determine the aggregate income For question 80b and 80c
If you take parental leave, you may be eligible for parental leave credit. This is subject to the condition that in 2008 you participate in the life savings scheme and pay an amount into this scheme. In addition, you must have a parental leave statement (ouderschapsverlofverklaring) from your employer. The parental leave tax credit amounts to the number of hours taken for parental leave in 2008, multiplied by 3.86. However, the maximum parental leave credit is the amount of your 2007 annual wages minus your 2008 annual wages. Did the parental leave commence before 2008? In that case, in determining the maximum parental leave credit, you may also deduct your annual wages in 2008 from your annual wages in the year prior to the year in which your parental leave commenced. Reproduce from E in the overview on page 1 Reproduce from question 23a in the tax return Reproduce from question 23b in the tax return Reproduce from H in the overview on page 1 Reproduce from K in the overview on page 1 Add Aggregate income
Take note!
Keep the parental leave statement from your employer, as we may request for it.
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81
Were you 65 years of age or older in 2008? In that case, you may be entitled to additional tax credits: the elderly persons tax credit and the single elderly persons tax credit.
Did you receive benefits under the young disabled persons occupational disability Act (Wajong benefit)? And you received no elderly persons tax credit? In that case, you may be entitled to a tax credit: the young disabled persons tax credit.
Take note!
You are only entitled to this tax credit if you: were liable for premium payments for the Dutch national insurance schemes; and/or opted for resident taxpayer status for the period abroad in 2008 Were you entitled to Wajong benefits in 2008, but did not receive them due to concurrence with another type of benefit? Or because your other earned income from labour was too high? In that case, you will also be entitled to the young disabled persons tax credit. The young disabled persons tax credit is 666.
Take note!
You are only entitled to this tax credit if you: were liable for premium payments for the Dutch national insurance schemes; and/or opted for resident taxpayer status for the period abroad in 2008; or as a German resident, were subject to the 90% ruling
75
83
had or might have claims towards the allocated property had or might have claims on the income from an allocated property received income from an allocated property received capital from an allocated property were supervisor of an allocated property were administrator of an allocated property Tick the box in the tax return if involvement in an allocated property existed. Enter the full name of the allocated property.
Did you or your tax partner invest in a green fund or a social-ethical fund in 2008? In that case, you may be entitled to the tax credit for social investments. Did you or your tax partner loan money to a starting entrepreneur or invest money in a cultural fund? In that case, you may be entitled to the tax credit for direct investments in venture capital and cultural investments.
85, 86
Take note!
You are only entitled to these tax credits if you: were liable for premium payments for the Dutch national insurance schemes; and/or opted for resident taxpayer status for the period abroad in 2008
Take note!
The tax credit for investments in venture capital does not apply to investments via a venture capital company. These are so-called indirect investments. An exemption for determining the taxable income from savings and investments applies to this investment. Are you in doubt whether the social-ethical fund or cultural fund in which you are investing has been designated as such by us? Ask your bank or the fund for more information, or call the Foreign Revenue Phone Line: +31 55 538 53 85. The tax credit for social investments and direct investments in venture capital and cultural investments is 1.3% of your average exemption in box 3.
Dutch dividend, taxable income from lottery and betting or interest on certain foreign savings balances
Was any dividend tax, lottery and betting tax or withholding tax on interest on certain foreign savings balances withheld from you in 2008? If so, the lottery and betting tax is balanced, on certain conditions, with your assessment for income tax and premiums for national insurances.
Did you, in 2008, receive dividends on shares and suchlike from your Dutch company or your substantial interest in The Netherlands and for which Dutch dividend tax was withheld? In that case, we balance this dividend tax with your assessment for income tax and premiums for national insurances.
Take note!
Do you have an annuity investment account or an owner-occupied home investment account? Did you receive dividend on the resulting proceeds? If so, the dividend tax withheld from it will not be balanced with your assessment for income tax and premiums for national insurances. Dividend tax is withheld as soon as you receive dividend.
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Trust fund
The notion of allocated property comprises trusts, Antillean Private Fund Foundations, Private Foundations, Anstalts, Stiftungen and other comparable foreign allocated properties.
Tax partner
Did you have a tax partner for the whole of 2008? Did you receive dividend that was taxed as: - profits from a company. - income from other activities - income from providing assets In that case, you need to state the total of the withheld dividend tax. For other Dutch dividend, it makes no difference how you apportion the withheld dividend tax between yourself and your tax partner. Any apportionment is acceptable, as long as the total adds up to 100%. Only mention the portion you wish to state for yourself. If you only had a tax partner for the whole domestic period, you may only apportion the dividend tax withheld in the domestic period between yourselves.
The following persons may be involved in an allocated property: you your tax partner your underage children your tax partners underage children Involvement in an allocated property will exist, for example, if you, your tax partner, your underage children or your tax partners underage children: set up or founded an allocated property contributed capital to an allocated property were or would be entitled to the allocated property were or would be entitled to the income from an allocated property
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You may not balance Dutch dividends on property in box 3 in the period abroad (question 86). If you opted for resident taxpayer status, you do not need to pay double tax. The fact is that you can request a tax relief. See the explanation for question 90. Did you state any taxable income from betting and lottery as income in box 1 in this tax return? For example if you had profits from a company, income as a freelancer or other extra earnings? In that case, you may state the withheld Dutch betting and lottery tax to be settled in the provisional levy. Enter the withheld betting and lottery tax in question 85a. You cannot apportion the withheld betting and lottery tax between yourself and your tax partner.
More information about withholding tax based on the European Savings Interest Rate Directive can be found on www.belastingdienst.nl.
87, 88
Did your annuity scheme, annuity savings account, annuity investment account, standing rights or pension scheme no longer meet the fiscal conditions in 2008? Did you not comply with these conditions because, for example, you redeemed an annuity scheme? In that case, you incorrectly deducted amounts in previous years. Did you use your severance pay to buy standing rights, and has the value of the standing rights incorrectly not been (entirely) included in taxation? In that case, you paid too little tax in these years. In these situations, an interest loss has arisen. The review interest is aimed at compensating for this interest loss.
Review interest is calculated on the following income: Redemption of standing rights. You stated this income in question 21 or 22 Redemption of a pension right. You stated this income in question 21 or 22 the redemption payment of an annuity insurance, or the balance of an annuity savings account or the value of an annuity investment account. You stated this income in question 48a or 49a The review interest owed is 20% of: the fair value of the annuity insurance, the standing rights or the pension right the balance of the annuity savings account or the annuity investment account The fair value of the annuity insurance, the standing rights or the pension right is equal to the redemption payment.
Did you grant the paying authority abroad permission to inform the Dutch Tax Administration of the amount of interest which was paid? In that case, this specific withholding tax will not be deducted. Withholding tax will not be deducted either if you requested the financial institution to exchange information. Did you receive any interest in 2008 from which this withholding tax was deducted? If so, this specific withholding tax will be balanced with your assessment for income tax and premiums for national insurances. Withholding tax is deducted the moment interest is paid out to you. The withholding tax that has been deducted is usually shown on the banks interest statement. The banking institutions in the others countries inform the Dutch Tax Administration of the amount of interest which has been paid to residents of The Netherlands. If you receive an amount of interest from a country which is not listed in the above table, you do not have to complete this question. For this question, enter the country code and the specific withholding tax which was deducted from the interest on foreign savings balances.
Rebuttal scheme
Did you take out the annuity insurance, the standing rights or the pension scheme after 31st December 1997? In that case, a different calculation of the review interest owed is also possible. This could be more advantageous for you. You can calculate your eligibility for the so-called rebuttal scheme using the Calculation tool to determine review interest on www.belastingdienst.nl. You can also call the Foreign Revenue Phone Line: + 31 55 538 53 85. In order to use the rebuttal scheme, you need to submit a request. If the outcome of the calculation is less than 20% of the value or the balance, enter this smaller amount in question 87 or 88. We will consider this as a request for application of the rebuttal scheme. The rebuttal scheme also applies to your annuity savings account or your annuity investment account.
Take note!
Withholding tax which has been deducted and which does not result from the European Savings Interest Rate Directive must be entered for question 89c.
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89
90
Were you living in The Netherlands and did you own assets abroad or received income from abroad? In that case, you need to declare this in The Netherlands. Even if the assets or income were already taxed abroad. In order to prevent double tax (in The Netherlands and abroad), you can request a relief for the prevention of double tax. Whether or not you qualify for this relief depends, among other things, on the tax treaty which The Netherlands signed with the country concerned. Such a treaty stipulates which country may levy tax on which income.
It may be possible that you stated (positive or negative) income or assets in your tax return on which no Dutch income tax or only partial Dutch income tax may be levied. This will often be the case if you opted for resident taxpayer status. Because in that case, you stated your Dutch and your foreign income. It may also be possible that you filed your return for income on which Dutch tax may be levied, but at a reduced rate.
If you opted for resident taxpayer status for the period abroad in 2008
In that case, you have stated your joint income and assets in The Netherlands and abroad in questions 11 through to and including 58. In order to prevent double taxation, you may be entitled to a tax relief. In order to calculate this relief, you are required to specify in questions 90a through to and including 90d which income (positive and negative) you stated on which no Dutch tax may be levied. If you opted for resident taxpayer status, you stated for example your owner-occupied home abroad in question 37. The balance hereof (positive or negative) in 37q (or 37r if you had a tax partner) should also be stated in 90a. Your income from a foreign substantial interest should also be stated in question 90b. Assets, such as shares and savings balances which you entered in question 56 (box 3), with the exception of any rights to shares in the profits of a Dutch company, should be stated in question 90c. You need to state foreign immovable assets in question 90d.
Take note!
It does not suffice to only complete the question on relief for the prevention of double tax. You also need to enter this income and these assets in the relevant sections in box 1, 2 or 3.
If you did not opt for resident taxpayer status for the period abroad in 2008
In that case, question 90 is not applicable to you. Complete question 91.
Take note!
Do not enter the specific withholding tax in question 89c which you stated in question 85b.
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Example 1
Your taxable income from labour and property (box 1) is 25,000. Assume that in 2008, you owe 1,250 income tax. Your income is composed of 10,000 from wages in The Netherlands and 15,000 from wages in Belgium. You would not have stated the Belgian income if you had not opted for resident taxpayer status. Because you opted for resident taxpayer status, you are entitled to relief in The Netherlands. The relief is 15,000/ 25,000 x 1,250 = 750. If you are entitled to relief because you incurred expenses for the provision of income and a personal allowance, these deductible amounts are apportioned proportionately to your Dutch income and your income abroad.
Lack of space?
Enter the largest amounts on the upper two lines and the total of the other amounts on the third line.
Example 2
Your taxable income from labour and property (box 1) is 25,000. Assume that in 2008, you owe 1,250 income tax. Your income is composed of 15,000 from wages in The Netherlands, 15,000 from wages in Belgium, and is therefore 30,000 in total. Your taxable income is 25,000 because the following amounts are deducted: 1,000 for expenses relating to the provision of income, 4,000 for personal deductible items. You would not have stated the Belgian income if you had not opted for resident taxpayer status. Because you opted for resident taxpayer status, you are entitled to relief in The Netherlands. The relief is 15,000/ 30,000 x 1,250 = 625. When calculating the relief, we do not take the taxable income of 25,000 from labour and property, but take the taxable income from labour and property, increased by 5,000 for expenses relating to the provision of income and personal deductible items, resulting in 30,000. Did you opt for resident taxpayer status? In that case, the relief is calculated for the income tax you owe after the deduction of the tax credit.
Lack of space?
Enter the largest amount on the upper line and the total of the other amounts on the second line.
Lack of space?
If it concerns more than one amount: only enter the total amount.
Example
Your taxable income from labour and property (box 1) is 25,000. Assume that in 2008, you owe 1,250 income tax. Your income consists of 35,000 of German wages. From this, 10,000 of the negative income from your owner-occupied home is deducted. You owe German tax on the German income and are entitled to tax relief for the prevention of double tax in The Netherlands. In that case, the relief for the prevention of double tax is 35,000/ 25,000 x 1,250 = 1,750. Your maximum relief, however, is 1,250. As this is the amount of payable income tax in box 1. An amount of 10,000 ( 35,000 - 25,000) therefore does not result in a tax relief. That is why this amount is reserved. Do you have income in box 1, on which Dutch income tax is due in the future? In that case, the reserved amount will still entitle you to tax relief for the prevention of double tax.
79
91
It may be possible that you stated (positive or negative) income in your tax return on which no Dutch income tax or only partial Dutch income tax may be levied. This will often be the case if you opted for resident taxpayer status. On the other hand, if you did not opt for resident taxpayer status, you may have stated income on which no Dutch tax or a partial Dutch tax may be levied.
If you opted for resident taxpayer status for the period abroad in 2008
In that case, question 91 is not applicable to you. Complete question 90. If you did not opt for resident taxpayer status for the period abroad in 2008 In that case, you only stated your Dutch income and assets in the questions 11 through to and including 58 for the period abroad. It could be that the Dutch Tax Administration may not levy tax on one or more of the Dutch income components (or should apply a reduced rate). This is the case if a tax treaty between The Netherlands and your country of residence states that the relevant income component may only be taxed in your country of residence. Another possibility is that the treaty states that Dutch tax may be levied on certain Dutch income only at a reduced rate. The table on page 8 lists most countries with which The Netherlands has a tax treaty.
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In principle, you are covered by the national insurance schemes in your country of residence. You are therefore covered in The Netherlands during the domestic period in 2008. However, you are not covered during the period abroad. For a number of situations, you are insured during the period abroad by the Dutch national insurance schemes by virtue of Dutch legislation and international agreements. In that case, you need to pay Dutch premiums.
When were you insured by the compulsory Dutch national insurance schemes during the period abroad in 2008?
You were employed in The Netherlands You had profits from a Dutch company and you were actually working in that company in The Netherlands, without at the same time being self-employed in a company in your country of residence. You were not employed in your country of residence at the same time You were working temporarily abroad and remained under the Dutch social insurance schemes because of a detachment clause in an international social security scheme You were part of a driving or flying crew or sailing personnel on inland waters for an employer based in The Netherlands rendering international transport services You were abroad exclusively for your studies, and were younger than 30 years of age in 2008 Other special situations in which you fall under Dutch social security insurances because of international agreements
Example
You are living in Spain and your taxable income from labour and property (box 1) is 25,000. Your income consists of 15,000 from the Dutch government pension fund and 10,000 from a Dutch AOW benefit. You state both incomes in your income tax return. The taxing rights on the AOW benefit are Spanish and you request an exemption of 10,000 for the prevention of double tax. Dutch income tax is only calculated on the government pension of 15,000.
Take note!
If you were living outside The Netherlands and only received income from previous employment in The Netherlands, you are not covered by the compulsory Dutch national insurance schemes.
Conscientious objector
It could be that you have an objection of principle to national insurance schemes. In that case, you are a conscientious objector. As such, you can obtain a statement of exemption from the Social Insurance Bank (Sociale Verzekeringsbank (SVB)). In that case, you need not request an exemption from premiums towards the national
80
insurance schemes in your tax return. Your exemption is already known to us.
is 100%. You need not be each others tax partner for this. You do, however, need to meet the conditions for tax partnership, with the exception of the condition that you need to have opted for resident taxpayer status.
Take note!
If you and your tax partner both opted for resident taxpayer status, you need to make the same apportionment as for the income tax.
Example
You were employed from 1st January through to and including 31st July in The Netherlands. You are liable for national insurance contributions from 1st January through to and including 31st July.
Example
You are living in Belgium and are married in community of property. You only receive wages in The Netherlands and have an owner-occupied home in Belgium with a mortgage loan. Your spouse has no income of his/her own. You do not opt for resident taxpayer status. For tax purposes, you may not take your owner-occupied home into account. For the levy of premiums for the national insurance schemes, you may take your owner-occupied home into account. Because you have a spouse, you may apportion the balance between yourselves.
Example
From January through to and including 3rd July you were employed in The Netherlands and had opted for resident taxpayer status. The period for which you are subject to Dutch taxes is also January through to and including 3rd July. Enter this period in question 92e.
Take note!
If you were liable for premium contributions or tax during more than one period, enter one continuous period for the total duration of the shorter periods.
Example
If you were liable for premium contributions or tax from March through to and including 3rd May and from October through to and including 3rd December, enter the period March through to and including 3rd August for questions 92b and 92d or 92e.
93
Take note!
The fact that you need to state your premium income for your tax liable period, does not mean that you are liable for national insurance contributions during that whole period.
Premium income
In order to determine how much premium you owe, we look at your joint annual income in box 1 in The Netherlands and abroad. Premium is due on a maximum of 31,589. Your employer or benefits agency withholds premium from your wages, benefits or pension. The premium withheld is subsequently balanced with the premium you owe. For the levy of premiums for national insurance schemes, you need to state your income from labour and property in The Netherlands and abroad in box 1. When calculating your joint income in The Netherlands and abroad, you are entitled to the same deductions as a Dutch resident. Tax treaties do not apply to the levy of premiums for national insurance schemes. Do you have a tax partner? In that case, you can also deduct your tax partners costs which your tax partner already deducted in his country of residence. If you have a tax partner, you can apportion the joint income and deductible items as you wish, as long as the total
81
95
96
94
The basis for the levy of premiums for national insurance schemes is your income from labour and property in box 1 in The Netherlands and abroad. See the explanation for question 92. When calculating your joint income in The Netherlands and abroad, you are entitled to the same deductions as a Dutch resident. You can state these deductible items here.
Example
You were subject to Dutch tax and the compulsory Dutch national insurance schemes during the whole of 2008. You have an income in box 1 of 70,000, of which 30,000 is from profits in Belgium. Because of this, the premium income is 70,000 - 30,000 (correction) = 40,000, but is set at a maximum of 31,122. In the tax return, you state the correction amount. In this example, that amounts to 30,000.
If you were working in Belgium as a self-employed person and were employed in The Netherlands
In special cases, it could be that you were insured simultaneously in The Netherlands and another EU country. If, for example, you worked in Belgium as a self-employed person and at the same time were employed in The Netherlands. In that case, your Dutch premium income is reduced by the income on which you pay a premium in the other country.
Reduction
Is part of your income subject to foreign social security legislation because of an international agreement? Or were you paying legitimate premiums abroad towards benefits upon old age or death, on part of your income? In that case, you can request a decrease of your premium income in your tax return. Your premium income is
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never more than the income in box 1 minus the income on which you owe premium in another country.
In this example, method 2 is the most interesting. Therefore, the premium income is set at 15,000.
Example
You were liable to tax from 1st January through to and including 31st October. But you were insured by the national insurance schemes from 1st January through to and including 30th June. In that case, you state your premium income for the period 1st January through to and including 31st October. After this, enter the balance between the income and deductible items for the period 1st July through to and including 31st October in vermindering premieinkomen. Were you covered by the Dutch national insurance schemes only during part of 2008 and was this period shorter than the tax liable period? In that case, the premium income needs to be recalculated in one of the following ways: The premium income is calculated proportionally to time over the period in which you were insured in 2008 The income and deductible items for the period in which you were no longer insured are deducted from the premium income The premium income is calculated up to a maximum of 31,589 proportionally to time over the period in which you were insured in 2008. Was your actual premium income higher than this maximum? In that case, your premium income is brought down to this maximum and subsequently recalculated proportionally to time over the period in which you were insured We test all 3 methods and determine which one is the most interesting for you. Subsequently, this method is applied.
97
Income that was subject to the Health and Care Insurance Act
In principle, everyone living or working in The Netherlands is subject to the Health and Care Insurance Act (Zvw). The health care insurance consists of a basic package. In addition, you can take out a supplementary insurance. Premiums for health care insurance are paid directly to your health care insurer. In addition, you owe us an income-related contribution. You pay the income-related contribution based on a maximum amount of 31,231.
Do you have any of the following types of income in 2008? wages pension benefit In that case, your employer or benefits agency withholds the income-related contribution from it. Do you have any of the following types of income in 2008? profits income from other activities, for example income according to the ruling for artists certain periodical benefits In that case, you will need to pay the income-related contribution by means of a (provisional) tax assessment. However, you will only receive an assessment for this income if your wages, pension or benefit (from which an income-related contribution was already withheld) is less than the maximum amount ( 31,231). The income-related contribution is a percentage (7.2%) of the so-called contribution income, i.e. 7,2%.. A rate of 5.1% applies to profits, income from other activities and certain periodical benefits. In the following cases you will not receive a (provisional) assessment for the Health and Care Insurance Act (Zvw): if, in question 92c of the tax return, you requested an exemption from the premium for the AWBZ (Exceptional Medical Expenses Act) and the income-related contribution towards the Health and Care Insurance Act for the whole of 2008 If you stated that you were a member of the military during the whole of 2008 in question 97d of the tax return In general, you are insured by the social security in the country in which you are working. Therefore, this means among other things that, if you are living abroad but are working in The Netherlands, you are in general covered by the Exceptional Medical Expenses Act (AWBZ) and therefore also liable to the Health and Care Insurance Act. If you are residing abroad, the Health and Care Insurance Act may therefore also apply to you. You can get more information on this topic on www.belastingdienst.nl.
Example
You are living in Germany and are liable to tax in The Netherlands during the whole year because you have a holiday house in The Netherlands (box 3). You work in The Netherlands and receive wages. The wages are 15,000. As of 1st August you stop working in The Netherlands and are no longer liable to premium payments for the national insurance schemes. As from 1st August, you receive wages in Germany amounting to 25,000.
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If you are living abroad and are covered in The Netherlands by the Exceptional Medical Expenses Act (AWBZ) because you are working in The Netherlands, you pay the same amount for the income-related contribution as someone working and living in The NetherlandsIn the same situations, you may or may not be entitled to compensations from your employer. If you receive compensation, you need to pay payroll tax and premiums for the national insurance schemes on this amount
84
calculaTINg Tax
Overview of income and deductible items? Please open the fold-out page.
85
Take note!
Round all amounts to whole Euros. In doing so, you may round to your own advantage.
Box 1
Taxable income from labour and property Reproduce from F on page 1 Reproduce from A, but enter a maximum of 17,579 Income tax rate for the first bracket Income tax amount for the first bracket Calculate 2.45% of B, but enter a maximum of 430 Deduct: A minus B Reproduce from C, but enter a maximum of 14,010 Income tax rate for the second bracket Income tax amount for the second bracket Calculate 10.70% of D, but enter a maximum of 1.499 Deduct: C minus D Reproduce from E, but enter a maximum of 22,271 Income tax rate for the third bracket Income tax amount for the third bracket Calculate 42% of F, but enter a maximum of 9.353 Deduct: E minus F Income tax rate for the fourth bracket Income tax amount for the fourth bracket Calculate 52% Add Income tax box 1
H G
52%
A B
2,45%
C D
10,70%
E F
42%
x +
Box 2
Taxable income from a substantial interest Reproduce from I on page 1 Income tax amount for the second bracket Calculate 25% of I Add Income tax box 2
I
25% x
Box 3
Taxable income from savings and investments Reproduce from K on page 1 Rate Calculate 30% of K Income tax box 3
K
30% x
Totaal
Income tax in box 1 Reproduce from H above Income tax in box 2 Reproduce from J above Income tax in box 3 Reproduce from L above Add Total income tax
M
86
General tax credit Always enter 2,074 (or 970 for persons 65 years of age or older) Employed persons tax credit See the Calculation tool to determine the employed persons tax credit on page 86 Combination tax credit See the explanation for question 80a. Enter 112 (or 54 for persons 65 years of age or older) Supplement to the combination tax credit See the explanation for question 80a. Enter 746 (or 350 for persons 65 years of age or older) Single parent credit See the explanation for question 80a. Enter 1,459 (or 683 for persons 65 years of age or older) Supplement to the single parent credit See the explanation for question 80a and see the Calculation tool to determine the single parent credit on page 86 Parental leave tax credit See the explanation for question 80b and 80c Life savings credit Reproduce the amount from question 19c and 20c in the tax return Elderly persons tax credit See the explanation for question 81. Enter 486 Single elderly persons tax credit See the explanation for question 81a. Enter 555 Young disabled persons tax credit See the explanation for question 82. Enter 666 Credit for social investments See the explanation for question 83 Tax credit for direct investments in venture capital and cultural investments See the explanation for question 83 Add Total tax credits
N
Take note!
If you turned 65 years of age in 2008, the rate changes. The fact is that you no longer have to contribute to the State pension insurance scheme (AOW) as from the month in which you turned 65 years of age. This also has consequences for the amount of your tax credit. More information on this subject can be obtained from the Foreign Revenue Phone Line: +31 55 538 53 85.
87
+
Add Income from present employment If O is more than 18.976, you are entitled to the maximum employed person's tax credit that has been assigned to your year of birth. See the table of the maximum employed person's tax credit on this page. Enter the amount in the table into the Calculation tool to determine the tax credits You do not need to complete the Calculation tool for the employed person's tax credit any further If A 18.976 or less, continue below Reproduce from O, but enter a maximum of 8.587 Rate for the first bracket Income tax amount for the first bracket Calculate 1,758% of P (or 0,821% if you were 65 years of age or older). Enter a maximum of 151 (or 71 if you were 65 years of age or older) Deduct: O minus P Tax rate for the second bracket Choose the percentage that belongs to yurr year of birth born in 1951 or later: Calculate 12,430% of Q born in 1948, 1949 or 1950: Calculate 14,874% of Q born in 1946 or1947: Calculate 17,298% of Q born in 1943, 1944 or 1945: Calculate 19,723% of Q born in 1942 or before: Calculate 9,216% of Q Add Your employed persons's tax credit Take note! If the employed person's tax credit calculated here is less than what is mentioned in your annual statement of earnings and deductions, enter the amount mentioned in your annual statement into the calculation tool to determine the tax credits. However, you will receive no more than the amount corresponding to your year of birth. See the table of the maximum employed person's tax credit
P
1,758% (of 0,821%) x
+
Enter in Calculation tool to determine the tax credits
If you opted for resident taxpayer status, please continue on page 87. If you did not opt for resident taxpayer status, please continue on page 89.
88
x :
U V
Total tax credits Reproduce from N on page 85 Tax portion of the tax credit Multiply: N by 7.3% (15.6% for persons 65 years of age or older) Income tax in box 1 Reproduce from H on page 84 Total income tax Reproduce from M on page 84 Divide: H by M Multiply: W by X Deduct: V minus Y. If the outcome is negative, enter 0 Income in box 1 Reproduce from A on page 1 of the explanation Your public transport commuting allowance and credit due to no or little owner-occupied home debt Reproduce from questions 28c, 29c, 36s and 37t Deduct: income box 1 minus AA Your denominator income in box 1 to calculate the relief Income in box 1 in the period abroad on which no Dutch tax may be levied Reproduce the total from question 90a, but only if the amount is more than 0. Otherwise enter 0 in FF Income tax in box 1 Reproduce from H on page 84 Reproduce from Y on this page Deduct: H minus Y Multiply: CC by DD Your denominator income in box 1 to calculate the relief Reproduce from BB on this page. Divide: EE by BB Relief in box 1 due to thee option for resident taxpayer status Deduct: Z minus FF Payable income tax box 1
N
7,3% x (of 15,6%)
H M
:
X
H Y
x
Y Z
AA BB
CC
DD EE BB
* If the less common setoff method applies in your case, you should enter the amount of the foreign tax in U. In case of doubt, call the Foreign Revenue Phone Line: +31 55 538 53 85.
x :
FF GG
89
Income tax in box 2 Reproduce from J on page 84 Foreign tax on your income which you entered in question 89b** Deduct: J minus HH Tax portion of the tax credit Reproduce from W on page 87 Income tax in box 2 Reproduce from J on page 84 Total income tax Reproduce from M on page 84 Divide: J by M Multiply: W by JJ Deduct: II minus KK. If the outcome is negative, enter 0 Income in box 2 in the period abroad on which no Dutch income tax may be levied Reproduce the total from question 90b, but only if the amount is more than 0. Otherwise enter 0 in QQ Income tax in box 2 Reproduce from J on this page Reproduce from KK on this page Deduct: J minus KK Multiply: MM by NN Gains from a substantial interest Reproduce from G on page 1 of the explanation Relief in box 2 due to opting for resident taxpayer status Divide: OO by PP Deduct: LL minus QQ Payable income tax box 2
J KK MM J M W
J HH II
:
JJ
NN OO PP
x
KK LL
x :
QQ RR
Income tax in box 3 Reproduce from L on page 84 Average basic yield of the assets in the period in The Netherlands on which no Dutch tax may be levied. Calculate the average value of the assets and liabilities you entered in question 89d and multiply this by 4% The number of whole months during which you lived in The Netherlands in 2008 Multtiply by SS Divide: TT by 12 Income tax in box 3 Reproduce from L on this page Multiply: L by UU Taxable income from savings and investments Reproduce from K on page 1 of the explanation Divide: VV by WW Deduction to avoid double taxation in box 3 for the period in The Netherlands Offsettable withholding tax Reproduce from question 89c Add: XX plus YY Deduct: L minus ZZ Tax portion of the tax credit Reproduce from W on page 87 Income tax in box 3 Reproduce from L on this page Total income tax Reproduce from M on page 84 Divide: L by M Multiply: W by AC Deduct: AB minus AD. If the outcome is negative, enter 0 ** A maximum may apply. In case of doubt, call the Foreign Revenue Phone Line: +31 55 538 53 85
L M W
SS TT
12 :
UU L VV WW XX YY
x : +
ZZ AB
:
AC
x
AD AE
90
Reproduce from AE on page 88 Average basic yield in the period abroad on which no Dutch tax may be levied Calculate the average of the total value of the assets which you entered in question 90c and 90d The number of months during which you lived abroad in 2008. A part of a calendar month counts as a whole month Multiply: AF by AG Divide: AH by 12 Income tax in box 3 Reproduce from L on page 84 Reproduce from AD on page 88 Divide: L minus AD Multiply: AI by AJ Average total yield base Reproduce from question 58c Relief due to opting for resident taxpayer status Divide AK by WW Deduct: AE minus AL Payable income tax box 3
L AD AF AG AH
12
AE
x :
AI
AJ AK WW
x :
AL AM
Income tax owed in box 1 Reproduce from GG on page 87 Income tax owed in box 2 Reproduce from RR on page 88 Income tax owed in box 3 Reproduce from AM on this page Add: GG plus RR plus AM Payable income tax Continue with the payable premiums for the national insurance schemes on page 91
AN
Income tax owed If you did not opt for resident taxpayer status
Income tax in box 1 Reproduce from H on page 84 Income in box 1 in the period in The Netherlands on which no Dutch income tax may be levied. Reproduce the total from question 89a, but only if the amount is more than 0. Otherwise enter 0 in W Income tax in box 1 Reproduce from H on this page Multiply by H Your denominator income in box 1 to calculate the relief Reproduce from E minus the offsettable losses on page 1 of the explanation Deduction to avoid double taxation in box 1 for the period in The Netherlands Divide: U by V* Deduct: H minus W Payable income tax box 1
H U V H
x
:
W X
Income tax in box 2 Reproduce from J on page 84 Foreign tax on your income which you entered in question 89b** Deduct: J minus Y Payable income tax box 2
J Y Z
* If the less common setoff method applies in your case, you should enter the amount of the foreign tax in W. In case of doubt, call the Foreign Revenue Phone Line: +31 55 538 53 85. ** A maximum may apply. In case of doubt, call the Foreign Revenue Phone Line: +31 55 538 53 85.
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Income tax in box 3 Reproduce from L on page 84 Average basic yield of the assets in the period in The Netherlands on which no Dutch income tax may be levied. Calculate the average value of the assets and liabilities you entered in question 89d and multiply this by 4% The number of whole months during which you lived in The Netherlands in 2008 Multiply by AA Divide: BB by 12 Income tax in box 3 Reproduce from L on this page Multiply: L by CC Taxable income from savings and investments Reproduce from K on page 1 of the explanation Deduction to avoid double taxation in box 3 for the period in The Netherlands Divide DD by EE Offsettable withholding tax Reproduce from question 89c Add: FF and GG Deduct: L minus HH Payable income tax box 3
AA BB
12 :
CC L DD EE FF GG
: +
HH PP
92
Income tax in box 1 Reproduce from X on page 89 Income tax in box 2 Reproduce from Z on page 89 Income tax in box 3 Reproduce from PP on page 90 Add: X plus Z plus PP Total income tax Total tax credits Reproduce from N on page 85
N
7,3% x (of 15,6%)
+
QQ
Multiply: N by 7.3% (15.6% for persons 65 years of age or older) Tax portion of the tax credit Take note! If you were not residing in Belgium, Surinam, The Netherlands Antilles or Aruba in the period abroad in 2008 or, as a German resident, were not subject to the 90% ruling, you are not entitled to the tax portion of the tax credit for the whole of 2008. In that case, enter 0. If you were residing in Belgium, Surinam, The Netherlands Antilles or Aruba in the period abroad in 2008 or, as a German resident, were not subject to the 90% ruling, you are entitled to the tax portion of a limited number of tax credits for the whole of 2008. Deduct: QQ minus RR Payable income tax
RR
AN
AP
N
92,7% x (of 84,4%)
Multiply N by 92.7% (84.4% if 65 years of age or older) Premium portion of your tax credits Deduct: AP minus AQ Premium owed for the national insurance schemes
AQ AR
Payment or refund?
Owed income tax Reproduce from AN Owed premiums for the national insurance schemes Reproduce from AR Provisional refund for income tax and premiums for national insurances schemes in 2008 Add Total tax and premium already paid Reproduce from AS Deduct Payable or refundable amount If AT is positive, you usually have to pay. If AT is negative, we usually refund this amount to you. You will receive a message about this.
AT
93
Calculation tool to determine the income-contribution towards the Health and Care Insurannce Act (Zvw)
Wages for the Zvw from which the employer or benefits agency withheld the income-related contribution Take note! Reproduce the total amount from question 97b and 97e. In case of multiple annual statements, state the total amount of the wages for the Zvw Total wages from which the employer or benefits agency withheld the income-related contribution
A
Income from which no income-related contribution was withheld Profit Reproduce the total amount from question 10 and 18. If you did not opt for resident taxpayer status, reproduce the total amount from question 93a Alimony started after 31st December 2005 Foreign income from previous employment Reproduce the total amount from question 26 and 27. If you did not opt for resident taxpayer status, reproduce the total amount from question 93e Extra earnings or income as a freelancer, home help, artist or professional athlete Reproduce the amount from question 30 and 31. If you did not opt for resident taxpayer status, reproduce the total amount from question 93f Regular payments not subject to payroll tax, excluding alimony Reproduce the amount from question 40 and 41 If you did not opt for resident taxpayer status, reproduce the total amount from question 93h Foreign wages from present employment from which the employer did not withhold an income-related contribution towards the Health and Care Insurance Act Reproduce the amount from question 97f Add Contribution income assessment for the Health and Care Insurance Act If B is 0 or negative, you will not receive an assessment for the Health and Care Insurance Act. In that case, a provisional assessment for the Health and Care Insurance Act will be returned or settled. If B is 0 or negative, you do not need to complete the calculation tool any further Calculating the income-related contribution Maximum amount for which contribution is due Wages from which the employer or benefits agency withheld the income-related contribution Reproduce from A Deduct If C is 0 or negative, you will not receive an assessment for the Health and Care Insurance Act. In that case, a provisional assessment for the Health and Care Insurance Act will be returned or settled. If C is 0 or negative, you do not need to complete the calculation tool any further Amount of the assessment If C is higher than or equal to B, please state 5.1% of B here If C is lower than B, take 5.1% of C Paid provisional assessment for the Health and Care Insurance Act 2008 Deduct: D minus E Amount to be paid or refunded If F is positive, you usually have to pay. If F is negative, we usually refund this amount to you. You will receive a message about this
D E F B
31.231
94
95
IB 327 - 1T81FD
96